Terms and Conditions Print

Kingsley Technologies (Pty) Ltd

Terms and Conditions

Use of Site

You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. 'Deep-linking', 'embedding' or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

Disclaimer of Warranty

The contents of this site are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.

The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility. This disclaimer does not exclude any damages that are attributed to the negligence of Kingsley Technologies (Pty) Ltd or any of its employees.

The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

1. How these terms apply to you

1.1. The basic services offered by this website "Kingsley Technologies (Pty) " are provided to you free of charge: on an "as is" and "as available" basis. Kingsley Technologies (Pty)  uses its best efforts to maintain the quality of its services, but you should not assume that Kingsley Technologies (Pty)  is error-free or that it will be suitable for the particular purpose which you have in mind when using it.

2. Content and Disclaimers

2.1 Kingsley Technologies (Pty)  links you to sites and information located worldwide throughout the Internet. Because Axxess has no control over such sites and information, Kingsley Technologies (Pty)  offers no guarantee for such sites and information with regard to the accuracy, currency, content, or quality of any such sites and information.
2.2 Kingsley Technologies (Pty)  shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by you as a result of the User accessing this website, utilising any service offered on this website for any reason whatsoever including but not limited to any injury, loss or damage suffered as a result of:

2.2.1 any unauthorised access of this website by third parties
2.2.2 any breakdown or failure of any equipment or medium of access to this website
2.2.3 any failure or unavailability of Kingsley Technologies (Pty) or any third parties' facilities or systems resulting in the inability to access this website or process any transaction referred to or offered on this website
2.2.4 the destruction or accessing of the User's data or equipment
2.2.5 any alteration, modification, upgrade or update of this website or any technology, hardware or software modification that may form part of this website

2.3 You hereby indemnify Kingsley Technologies (Pty) against any demand, claim or action against Kingsley Technologies (Pty)  relating to or in connection with your use or accessing of this website whether directly or indirectly for any reason whatsoever.
2.4 Kingsley Technologies (Pty) reserves the right in its absolute discretion to alter, modify, upgrade, update, suspend or withdraw this website or any part hereof at any time.
2.5 Unless expressly stated to the contrary, Kingsley Technologies (Pty) owns the intellectual property rights in and to this website and the unauthorised use hereof is expressly prohibited.
2.6 You are entirely responsible for all content that you access, upload, post, email or otherwise transmit via Kingsley Technologies (Pty). We are not liable for loss of any content you transmit and you should keep a backup copy of all such content.

3. Evolution and the need for flexibility

3.1 The Internet in general is rapidly evolving and Kingsley Technologies (Pty) is new and in constant development. Kingsley Technologies (Pty) reserves the right to withdraw, update or change these Terms or our Privacy Policy at any time. We will notify you of changes to these Terms or the Privacy Policy by sending you an e-mail to your registered e-mail address. If you do continue to use Kingsley Technologies (Pty) after a change to the Terms or the Privacy Policy and given notice to you in any of this way, you shall be deemed to have agreed to the relevant variation.
3.2 Over time Kingsley Technologies (Pty) intends to expand the services that you are offered. When a new service is introduced Kingsley Technologies (Pty) may impose special terms and conditions on the use of that service. We will make you aware of these terms and conditions before you use the service and if you accept them or use the relevant service they will form part of these Terms.
3.3 Kingsley Technologies (Pty) may set maximum limits for (i) the numbers or sizes of email messages, postings or other uploaded content stored or sent, (ii) amounts of disk space allocated or used on your behalf, and (iii) number and durations of occasions when you access Kingsley Technologies (Pty). These limits may vary over time without notice to you.

4. Access to Kingsley Technologies (Pty) and Registration

4.1 As Kingsley Technologies (Pty) evolves certain services may require a minimum equipment or bandwidth specification. We will try to inform you of these requirements but it is your responsibility to ensure that you have the right equipment or bandwidth for these services at the time of access. We are not liable for any failure to use Kingsley Technologies (Pty) caused by your failure to do so.
4.2 Some parts of Kingsley Technologies (Pty) may be accessible only to users who subscribe or pay a "per-use" charge. These sections will be clearly marked.
4.3 On registration you must provide accurate and complete information as prompted by the registration form or any other request made by Kingsley Technologies (Pty) "User Data". If you do not complete the mandatory information fields (marked with an asterisk) your registration will be rejected.
4.4 If any User Data changes you must change, maintain and promptly update the User Data to keep it accurate and complete. If you do not or if Kingsley Technologies (Pty) has reasonable grounds to suspect that any User Data is inaccurate or incomplete Kingsley Technologies (Pty) may suspend or terminate your account and access to the services.
4.5 You may unsubscribe from Kingsley Technologies (Pty) at any time by contacting Kingsley Technologies (Pty) at support@kingsley.co.za

5. Your obligations

5.1 You acknowledge that by using Kingsley Technologies (Pty) and accessing our third-party links you may be exposed to content that is of an adult nature or is offensive, indecent or objectionable. Kingsley Technologies (Pty) is not responsible for any such content and you must use your own discretion in whether or not you may suffer harm as a result of access to this content.
5.2 You must not use Kingsley Technologies (Pty) in any way (including to transmit any content) that is contrary to any applicable law or regulation or these Terms, or is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of privacy, hateful, or racially, ethnically or in any way otherwise objectionable.

Acceptance of these Terms and Conditions mean that you accept, understand and agree to the afore-mentioned disclaimer.

Our Rights

We reserve the right to:

1. Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
2. Change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
3. We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
4. Change the price of any of the services or products offered, we endeavour to notify our clients within 2 weeks should this become necessary.
5. Increase the speed or amount of available data at any time, provided it is at no extra cost to the end user/client.
6. Withdraw any Promotions, Special Offers, Specials or Competitions at any time.

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

Third Party Links

In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

Law

The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

Errors and Omissions Excepted

Neither Kingsley Technologies (Pty) nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website and/or other channels of communication. Furthermore, Kingsley Technologies (Pty) makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to support@kingsley.co.za 

Kingsley Technologies (Pty) shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, Kingsley Technologies (Pty) will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.

Policies and Procedures

Privacy Policy

We at Kingsley Technologies (Pty) have designed our business practices to safeguard your privacy. This privacy policy applies to all the web pages related to this website.

You can visit www.kingsley.co.za, www.kingsleymobile.co.za or www.my.kingsley.co.za without revealing who you are or providing any personal information about yourself.

The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyse trends, and administer the Site.

There will be times, such as when you submit a questionnaire, request a service, purchase a product, etc., when we will need to obtain personally identifiable information from you or about you. Such personally identifiable information may include your name, home address, e-mail address, telephone number, identity/passport number, income, credit references, etc. The information we receive about you or from you may be used by us or shared by us with our corporate affiliates, agents, vendors and others to help process or complete a transaction; to comply with any law, regulation, audit or court order; to help improve our website or the products or services we offer; for research; to better understand our clients' needs; to develop new offerings; and to alert you to new products and services in which you may be interested. The information will not be used for anything other than which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone. By accepting these Terms & Conditions you consent to receive informational material from us, this would include promotions, price changes and information related to your services. We believe that knowing more about you can enable us to serve you better.

You should be aware that we collect usage information about you when you visit us, which helps us understand how our site is navigated, how many visitors arrive at specific pages, the length and frequency of a stay at our website, etc. In addition, Kingsley Technologies (Pty) web pages may place "cookies" on your personal computer. "Cookies" are small identifiers, similar to a license plate, that help us to recognize you if you visit our website again. Cookies are used to help us personalize your viewing experiences. Cookies are not designed to be used to get data from your hard drive, your e-mail or any other personal data about you. You can reject cookies by changing your browser settings. Please note, however, that if you reject our cookies it is possible that some web pages may not properly load, your access to certain information might be denied or you might have to enter information about you or your application, inquiry or purchase more than once.

We safeguard your information using known encryption, security standards and procedures. We also assess new technology for protecting client information on an ongoing basis.

Please be aware that we may change our Statement of Privacy from time to time. If we do, we will update this Statement of Privacy at our website, so be sure to check back here frequently.

If you have any questions about our Statement of Privacy or privacy policies, please feel free to e-mail your questions to us at support@kingsley.co.za 

By using this website, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our site and related pages. Your continued use of the website following the posting of changes to these terms will mean that you accept those changes.

Service Policy

When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website. Our support number is 021 799 9600.

Service Levels

All services sold by Kingsley Technologies (Pty) are provided as a best-effort service, uptime and speeds cannot be guaranteed unless otherwise stated. During any technical failure, modification or maintenance of the service provided, Kingsley Technologies (Pty) will use its reasonable endeavours to resume the service as soon as possible. This excludes upstream provider infrastructure that is not within the control of Kingsley Technologies (Pty).

Delivery Policy

This delivery policy applies to services delivered by an Kingsley Technologies (Pty) appointed representative only. The delivery of certain products/services sold by Kingsley Technologies (Pty) are handled directly by the supplier or provider. In these cases the delivery policy will be stated in the Terms and Conditions for that particular product/service. If you are not sure please contact us so that we may advise you on the delivery policy that applies to your purchase.

Delivery times stated are not guaranteed but are generally attainable within major centres. A possible delay of 24 to 96 hours can be expected outside of major centres and additional delivery costs may apply. Some deliveries might require that information or documents must be produced and copies thereof provided during the delivery, this will be communicated on purchase of the device or product if it is required.

A physical address is required for the delivery of your order. Orders to Post boxes/Private bags/Post Offices will not be accepted.

Deliveries take place on weekdays during business hours and exclude weekends and public holidays, your delivery will be dispatched on the 1st working day thereafter.

Delivery times may be delayed should the need arise for clearance of payment. Clearance for debit order payments may take up to 10 days to clear.

Kingsley Technologies (Pty) will not arrange collection of units for exchange or return (or cover related costs). The client will be responsible for arranging for the unit to be delivered to Kingsley Technologies (Pty). This will in no way impact the continued warranty provisions, and only relates to courier charges and logistics.

The Courier Delivery Fee charged during checkout may differ once your order is finalised. Should this occur, we will contact you before proceeding with the delivery of your order.

Refunds Policy

Refunds will not be granted for services purchased in error. Should it be proven that a service is not working as per the Product Description, Terms and Conditions and/or Acceptable Usage Policy a refund will be granted. Refunds for amounts deposited into an Kingsley Technologies (Pty) banking account erroneously will also have a 15% fee levied to cover our bank charges and will only be considered for processing 7 days after the original payment date. Refunds for debit order and credit card payments are processed after the second week of the month.

Cancellations Policy

The cancellation of a product or service is the Clients responsibility. Cancellations must be actioned via the client area:
https://my.kingsley.co.za/index.php?rp=/login

Email notice, fax and telephonic cancellations will not be accepted. Failure to cancel your services will result in your service or product being renewed ongoingly and remain active, therefore liable for payment. A minimum calendar months' notice is required for all services unless otherwise stated. Promotions carry additional Terms and early cancellation fees may be payable.

Kingsley Technologies (Pty) will not be responsible for incorrect cancellations sent via email, or be liable for any losses incurred.

Security Policy

Credit Card transactions are processed via our payment service provider Virtual Card Services PTY (Ltd).
As a payment gateway Virtual Card Services does not and cannot verify, authorise or settle any transaction. Virtual Card Services provides the conduit (the messenger) for information between the merchant and the merchant's bank.

Transaction security
Virtual Card Services uses 128-bit SSL certificates to ensure that all transactional information is passed securely between the merchant and Virtual Card Services site. No cardholder information is ever passed unencrypted and any messages sent to our servers from Virtual Card Services are signed using MD5 hashing to prevent tampering. In the event that PAN information is returned, the PAN will be hashed, including the first 6 digits and last 4 digits of the PAN.

Encryption and Data Storage
All sensitive data is secured and stored within Virtual Card Services systems using internationally recognised 256-bit encryption standards. The data held by Virtual Card Services is extremely secure and strict policies are in place ensuring limited and secure access to their servers internally are maintained. The information stored by Virtual Card Services is highly regulated and audited regularly by a Quality Assurance Assessor (QSA).

System security
Virtual Card Services systems are regularly scanned ensuring that their infrastructure and network remains secure at all times. Further to this, Virtual Card Services use an Approved Scanning Vendor (ASV) approved by the payment card brands to review scans quarterly. Additionally, Virtual Card Services is PCI DSS Level 1 certified, which is the highest level of compliance. Virtual Card Services are audited annually by a QSA ensuring that the upmost security is maintained at all times.

Payment Options/Terms

All transactions will be processed in South African Rands (ZAR). We do not extend credit and payment is required up front, services will not be activated without payment. As of 1 April 2020 we no longer accept Cash Deposit and Electronic Funds Transfer (EFT) as a method of payment.

Credit Card Authority
By supplying your "credit card/debit card/cheque card" hereafter referred to as "account/card" details and agreeing to the Terms & Conditions the following will be seen as accepted and agreed to:

I/we hereby request and authorize you to draw against my/our card (or any other bank or branch to which I/we may transfer my/our account/card) the due amount or any variable amount pertaining to this agreement, on the first working day of each month. This being the amount necessary for the settlement of the monthly invoice and/or any overdue amounts, due to you in respect of my/our purchases/contract/agreement.

All such withdrawals from my/our account/card by you shall be treated as though they had been signed by me/us personally. I/we, "instruct" and authorize your agent Virtual Card Services PTY (Ltd), or by computer through a system provided by the South African Banks to draw against my/our account/card.

I/we understand that if account/card details have been supplied the withdrawals authorized here will be processed by BankServ. I/we also understand that details of each withdrawal will be printed on my/our statement. I/we agree to pay any banking charges relating to this debit instruction. This authority may be cancelled by me at any time by updating/changing the payment method from within the Control Panel.

Renewals (monthly invoice) will be processed on the 15th day of every month with a due date of the 25th day of every month. If your payment fails, your service(s) will be disabled immediately. Please note that if you are cancelling your service(s) with Kingsley Technologies (Pty), you need to cancel via email a calendar month prior to renewal. Failure to do so will result in the product being activated and the monthly subscription being debited.

All other account/card instructions (new account sign ups/activations, hardware/device purchases, top ups, upgrades), besides the monthly subscription, will be processed on a daily basis.

Debit Order Authority
This Authority and Mandate refers to our contract as dated as on acceptance hereof ("the Agreement"). I / We hereby authorise you to issue and deliver payment instructions to the bank for collection against my / our above mentioned account or credit card 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 the commencement date and continuing until this Authority and Mandate is terminated by me / us.

The individual payment instructions so authorised to be issued must be issued and delivered as follows

1. On the 25th working day ("payment day") of each and every month. In the event that the payment day falls on a Saturday, Sunday or recognized South African public holiday, the payment day will automatically be the prior ordinary business day. Further, if there are insufficient funds in the nominated account to meet the obligation, you are entitled to track my account and re-present the instruction for payment as soon as sufficient funds are available in my account.

Debit orders will be processed on the 25th day of every month for renewal services. If your debit order fails, your service(s) will be disabled immediately. Your debit order against your bank account is an automated process and cannot be stopped after the 24th of each month. 

All other debit order instructions (new account sign ups/activations, hardware/device purchases, top ups, upgrades), besides the monthly subscription debit orders, will be processed on a daily basis. Should you order a new service or upgrade your existing service after the 15th of the month, your first renewal debit order thereafter will remain unchanged and an additional debit order will be processed for the price difference within the first 5 working days of the month. The following month the full amount for the updated services will be processed in a single debit order. 

I / We understand that the withdrawals hereby authorised 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 instruction. 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.

Debit Order Mandate
I / We acknowledge that all payment instructions issued by you shall be treated by my / our above mentioned bank as if the instructions had been issued by me personally.

Debit Order 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.

Debit Order Assignment
I / We acknowledge that this Authority may be ceded to 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.

Debit Order Contract
The signed Authority and Mandate refers to our contract as dated as on signature hereof ("the Agreement"). I / We hereby authorize you to issue and deliver payment instructions to the bank 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 the commencement date and continuing until this Authority and Mandate is terminated by me / us by giving you notice in writing sent by email to support@kingsley.co.za 

Prorata Billing

Prorata billing applies to all new monthly billed services and on the initial purchase only. Prorata billing will not apply should you fail to pay your renewal invoice or any outstanding invoice on your account, the renewal/outstanding invoice must first be paid in order to qualify for the prorata rate on a new service. The bandwidth on a per gig service will be prorated together with the price on purchase. The prorata price and bandwidth is calculated according to the purchase date.

Service Changes (Applies to DSL, Fibre, Mobile and VoIP)

Service Changes are changes to the product, speed, combo or data purchased which changes the renewal of the service/s and are billed prorata.

For ease of understanding, services referred to as Upgraded services are services which result in a price increase on the next renewal and Downgraded services are services which result in a lesser billed renewal than the current service.

New services can only be set to Downgrade from the second month (month after activation) and will only apply from the following month (month 3).

Clients are not able to service change to an Upgraded service and then service change to a Downgraded service in the same month. The Upgraded service change must first be renewed before a Downgrade can be set for the next renewal.

Example: a Mobile Data service is service changed from 1GB to 5GB in August. The client will only be able to set a service change to a Mobile Data service smaller than 5GB during the month of September for October as the service must first be renewed on 1 September at 5GB before it can be downgraded.

Usage Notifications

Kingsley Technologies (Pty) will send an email/sms notification to all data users who have not opted out of receiving notifications when their data usage reaches 50%, 80% and 100% of the available total. These notifications will be based on the information available to us at the time of sending the notification from our system and as such cannot be guaranteed to be 100% accurate when received by the client.

Our banking details

Please note: When making a payment use the bank beneficiary:

Kingsley Technologies (Pty) Ltd

Bank: Absa

Account: 0712910550

Type: Cheque

Branch: 632005

Debit Orders / Credit Cards

All transactions will be processed in South African Rands (ZAR). We accept credit card and debit order as methods of payment. We do not extend credit and payment is required up front, services will not be activated without payment.

As of 1 April 2020 we no longer accept Cash Deposit and Electronic Funds Transfer (EFT) as a method of payment. Clients who are in the process of transitioning to Credit Card or Debit Order will continue to be bound by the conditions below until the transition to Credit Card or Debit Order has been completed:

• All manual (cash deposit/EFT) monthly payments must reach us before 5pm on the last day of the month, failure to do so will result in all services being suspended until payment is received.
• Always use your six digit account number as your reference when making payment to avoid delays in your payment being allocated.

Failure to make payment by the due date will result in your services being suspended. Failure to pay your hosting and or domain registration on the due date may result in your domain name being deleted by the registrar and become available to the public for re-registration. Failure to pay your ADSL Line services on the due date may result in your ADSL Line services being transferred to Telkom and Telkom will continue to bill you for this service.

Please email your Proof of Payment/Cash Deposit slip to accounts@kingsley.co.za  please remember to use your six digit account number as your reference when making your payment.

DSL Services

The maximum achievable speed on all DSL Data services is 40 Mbps. If you are using a DSL Line and would like to achieve speeds higher than 40 Mbps, please consider using our Fibre Data services.

By accepting the Terms and Conditions, you also agree to the afore-mentioned AUP.
All uncapped services are billed within a calendar month (1st to last day of every month). Your proof of payment is to reach us before 5pm on the last day of the month to prevent service interruption on the 1st of each month.

Prepaid services are a once off purchase and are valid for a period of 12 months (1 year), you are able to top up the prepaid service with additional bandwidth of the same service type at any time, with each top up the validity of the prepaid service will be extended with an additional 12 months (1 year).

The capacity of the Network and available bandwidth is in no way guaranteed on any of the bandwidth based services offered by Kingsley Technologies (Pty) and as such we reserve the right to manage (shape, throttle, limit protocol through-put) all services in accordance with the available network capacity at all times. Our first priority will always be to provide the best possible experience to all of our users when/if it becomes necessary to manage services.

Uncapped Services

Uncapped services do not carry a usage limit (cap) but speeds will be limited to the speed of the ADSL line. The service is for personal use only and may not be resold, shared or used for commercial purposes. The use of our uncapped services by WISP's (wireless internet service provider) is strictly prohibited.

All uncapped products carry an Acceptable Use Policy, please take the time to read through it as important information is communicated there-in. By accepting the Terms and Conditions, you also agree to the afore-mentioned AUP.

Uncapped services are billed on a calendar month basis (1st to last day of the month) and payment is due in advance by the 1st of each month.

Telkom ADSL Lines

By purchasing/applying for an ADSL Line service it is agreed that you accept and agree to the Terms & Conditions as stated below:

I/We hereby authorise Kingsley Technologies (Pty) to apply for a new convert, migrate, migrate back, convert back of my/our ADSL Line from Telkom SA Ltd or my current ADSL Line Supplier on behalf of Telkom:

In order to apply for an ADSL Line, you are required to have an active monthly billed telephone line with Telkom SA Ltd. ADSL Lines remain the property of Telkom SA Limited, installations and repairs remain their responsibility. ADSL Line sizes are supplied at the maximum stable speed available that is requested by the client, the Telkom SA Ltd network is supplied as a best effort network and therefore service cannot be guaranteed. Telkom SA Ltd. runs automated health checks on all ADSL Lines and might adjust the speed of your line in order to supply the best service possible. Should you experience complete downtime on your ADSL Line for a period exceeding 24 hours, a dispute will be logged with Telkom SA Ltd once the fault has been cleared requesting a credit for the period the line was down. Once this credit has been issued, the client's account will be credited accordingly. Kingsley Technologies (Pty) (Ltd) will on behalf of our client as far as possible deal with Telkom SA Limited on the client's behalf. Should a fault be logged with Telkom SA Ltd. on the client's ADSL Line which results in a Technician being dispatched and it is found that the fault is due to faulty equipment or incorrect setup of equipment by the client an Unnecessary Call-Out charge may be charged to the client's Kingsley Technologies (Pty) account. Any credit due to the client by Telkom SA Limited after the transfer of their ADSL Line to Kingsley Technologies (Pty) remains the responsibility of Telkom SA Limited and the client will need to converse with Telkom SA Limited directly to arrange this if not done automatically. The activation of a new line is dependent on the exchange being ADSL ready as well as ports being available, the activation of a new line, cancellation, upgrade/downgrade or transfer is dependent on Telkom SA Limited as such cannot be guaranteed by Kingsley Technologies (Pty). Telkom SA Limited do not allow two actions to be performed at the same time, we are therefore not able to perform a transfer and an upgrade/downgrade at the same time, we need to process each action separately.

In order to transfer an existing ADSL Line from Telkom/another ISP to Kingsley Technologies (Pty) it is necessary for the client to request their current ISP/Telkom to perform a migrate back application. Only once the migrate back application has been completed will Kingsley Technologies (Pty) be able to apply for the transfer. During this process of transfer between ISP's/Telkom the ADSL line will be in a suspension state with no ADSL access. The client has 30 days from the date of the migrate back application to request re-activation of the ADSL Line, if the re-activation is not done within 30 days, the ADSL Line will be completely cancelled. Applications received where the incorrect number has been supplied by the client will be charged for until the application has been cancelled by Telkom. No refund requests will be considered where the incorrect number was supplied on application.

The client will continue to be billed by Telkom SA Limited for the telephone/fax line rental and telephone/fax calls as well as any other services provided to them directly by Telkom. Should your line be suspended by Telkom SA Ltd, the ADSL service on your line will not be usable until Telkom SA Ltd have lifted the suspension on the line.

The ADSL line rental will be billed to the client by Kingsley Technologies (Pty) together with any other services provided to them. On completion of a new, transfer or upgrade/downgrade of an ADSL Line an invoice will be generated and debited via the clients nominated payment method.

Should your debit order payment against your bank account or credit card be returned (initial and monthly) unpaid the ADSL Line will be migrated back if the outstanding amount is not settled within 7 days. A migrate back will result in the ADSL Line being suspended and completely cancelled 30 days thereafter if the outstanding amount is not settled.

Payment for the rental of the ADSL Line is due before the 1st of every month, failure to pay will result in the ADSL line being migrated back. Should you approach Telkom directly to have your telephone number ported, the ADSL service on your line will automatically be cancelled. Please advise us of your intent to port (move) your telephone line to a new address so that we may arrange for the ADSL line to be moved together with your telephone line. Should an incorrect telephone number be provided for the ADSL line and the service is successfully activated, the client will be liable for any costs arising from the activation of the ADSL Line service.

Please also note that ADSL lines are not cancelled during the month but only at the end of the month, if you wish to have your line cancelled during the course of a month you will not be refunded any monies already paid for that month and the cancellation may be subject to early cancellation fees.

Please be aware that Telkom do not allow us to submit cancellations for a specific date. In an effort to avoid the cancellation or migrate back of the line taking place before the last day of the month we submit these applications on the last 2 working days of every month. It is possible that the cancellation/migrate back will be actioned before the last day of the month or only take place the following month.

Queries pertaining to your ADSL line can be directed to support@kingsley.co.za during office hours, if you are experiencing technical difficulties you can contact our Support Line on 021 799 9600.

Fibre Services

Fibre Broadband Access is supplied as a best effort service by the Fibre Line Provider. Warranties on equipment/hardware supplied during the installation are held by the Fibre Line Provider or their chosen Representative and remain their property. In order to use the Fibre Data purchased from Kingsley Technologies (Pty) a Fibre router/modem is required, this router/modem needs to be purchased by the client. Only approved (ICASA, SABS) hardware is permitted to be used, un-approved hardware connected to the Fibre Line by the client which proves to be interfering/causes damage to the service provided by the Fibre Line Provider/ Kingsley Technologies (Pty) or its infrastructure is not permitted. Any costs which arise due to damage and repairs caused by the connection of un-approved hardware by the client will be for the clients account.

Areas marked as available on the map may not be Fibre ready at your particular address due to a number of factors. Pre-orders do not guarantee that Fibre will be available at your particular address once the planned project has been completed. Should we not be able to proceed with your application we will advise you thereof. Installations are typically completed within +- 30 days, this timeframe is however not guaranteed. Kingsley Technologies (Pty) only offer Fibre to the Home services through our Fibre Line Providers at this time.

Fibre line installations and connections are subject to an installation and connection fee which is prescribed by the Fibre Line Provider. Additional fees may apply should trenching or additional cabling be required to complete the installation. Additional fees may also apply should a re-installation or indoor transfer (move line within the same premises) be required. Kingsley Technologies (Pty), the Fibre Line Provider or its Contractor will make any additional charges known to the client and the client will be required to accept or reject these charges before the order is completed. Please note that should the service be ordered and the incorrect address is supplied, the client will be responsible for all charges relating to the order placed at the incorrect address.

An additional fee may be charged as prescribed by the Fibre Provider for re-grading the speed of a fibre line as well as outdoor transfers (new address) and transfers between Internet Service Providers. Downgrades may require 30 days' notice depending on the Fibre Provider. Cancellations for fibre lines are only submitted at the end of each month, the cancellation request must be submitted via email at least a calendar month before the cancellation date. 

Cancellation requests which do not adhere to a calendar months notice requirement are subject to Early Termination Fees which will need to be settled before the cancellation request is processed, this fee is prescribed by the Fibre Line Provider. Transfers between Service Providers are handled in the same manner as a new installation and are typically completed within +- 30 day, this timeframe is however not guaranteed.

An additional fee of up to R2 000.00 may be charged on faults logged which are found to be caused by faulty hardware or user error. This amount will be charged to your account once we are advised of the charges by the Fibre Line Provider.

By completing the order it is deemed that consent has been received from the landlord, owner or body corporate for the installation of the service.

The available capacity on the network is shared between all users of Kingsley Technologies (Pty) bandwidth. Acceptable Usage Policies are attached to Uncapped Services. Capped services whilst the majority of the time will remain untouched may be shaped or throttled should the demand on the network and available capacity be affected. Capped services will generally receive priority through-put on our network provided there is no rise in demand or extenuating circumstances affecting the performance of the network.

Uncapped Services

Uncapped services do not carry a usage limit (cap) but speeds will be limited to the speed of the Fibre line. The service is for personal use only and may not be resold, shared or used for commercial purposes. The use of our uncapped services by WISP's (wireless internet service provider) is strictly prohibited.

All uncapped products carry an Acceptable Use Policy, please take the time to read through it as important information is communicated there-in. By accepting the Terms and Conditions, you also agree to the afore-mentioned AUP (Acceptable Use Policy).

Uncapped services are billed on a calendar month basis (1st to last day of the month) and payment is due in advance by the 1st of each month.

Mobile

MTN Fixed LTE

MTN Fixed LTE is a best effort service with no minimum service levels offered. Speeds will differ and no minimum speeds are guaranteed. Many factors determine the speed and quality of service which will be achieved such as but not limited to, distance, weather, and interference around and within the property.

The service is a monthly billed service which will continue on a month to month basis until cancelled. Cancellations require a calendar months' notice and must be submitted via email (Purchases on Promotion may carry additional T's & C's), cancellations cannot be set on the last 2 days of each month. The service can be set to upgrade or downgrade at any time (before the 25th of each month) but the new service will only be effective from the 1st of the following month provided no Service Change rules are in place (Refer to Policies and Procedures – Service Changes).

You are able to purchase additional data should your monthly allocation run out. This is a once off purchase which you pay for immediately. Unused topup data will rollover for one month. E.g. Purchase 10GB of Topup data on 15 October, 6GB is used up until 31 October, the remaining 4GB will be carried over to November and will be available to use up until 30 November, thereafter it will fall away. Data that has over run the available data total will be deducted from your next top-up. Example, 100GB purchased, 105GB used before capping takes place, top-up with 10GB only 5GB will be allocated.

Unused monthly data as well as topup data will rollover for 1 month. At the start of each month the rolled over data (monthly and topup) will be used first, once exhausted the monthly allocation will be used.

Night time data (where applicable) is free data that is available to use everyday between 12am and 6am. Data used during these hours will be deducted from the Night time available data balance. When Night time data is depleted, the available monthly data will be used. Night time data is Promotional data and Kingsley Technologies (Pty) reserves the right to withdraw it should it be deemed necessary.

This service is a Fixed LTE service which is only available on LTE Technology (excludes 3G and 2G technologies). The service is only available at pre-defined locations as provided by MTN. During the sign up process availability will be determined according to the address provided, this is due to service availability being limited per location/area in order to provide an optimal service experience. The sim will be locked to the location provided at sign up, this location must also be the location where the first connection is made and cannot be used at another location. We reserve the right to permanently suspend and cancel a service that is found to be moved to different geographical locations often. MTN will allow one change in location per year, please provide us with 30 days' notice thereof in order for us to submit the request timeously. Should the new location not be within MTN Fixed LTE Coverage the service will need to be cancelled. The standard cancellation policy and applicable fees will apply.

MTN have specific hardware requirements, as such the devices supplied by Kingsley Technologies (Pty) with the MTN Fixed LTE service are those approved by ICASA and MTN.

Should a client opt to purchase their own device it must be one of the MTN approved Cat6 devices listed below, please note that using a non-approved device will result in the service being blocked.

• Huawei B618
• Huawei B525
• Huawei B612
• ZTE MF286C

The approved LTE Devices carry a 12 month Warranty if ordered through Kingsley Technologies (Pty) with their SIM, device warranty claims for the Recommended LTE Devices will be handled by Kingsley Technologies (Pty) who will deal directly with the Supplier on the clients behalf.

In line with the Consumer Protection Act, Kingsley Technologies (Pty) has a 5 business day return policy. Units returned must be returned as shipped (i.e. same cosmetic condition and all shipped packaging, parts and accessories included) to be eligible for refund or exchange. If the router is returned within 5 days from delivery it will be refunded or replaced with a new unit provided the unit is returned in the same condition it was received. The cost of returning the device is the responsibility of the client and will be charged to the clients account.

On the day of purchase a prorata invoice and prorata data will be allocated and debited accordingly. The payment methods that will be accepted for the purchase and renewal of the service are Credit Card and Debit Order, please note that any other services already on the Profile which the purchase is being made on will automatically update to Credit Card/Debit Order. The SIM and Device will be delivered within 7 business days from the date of order, provided payment has cleared (payment clearance can take up to 5 days). Once delivered please allow up to 48 hours from the time the SIM Card is inserted into the device for the data to be allocated.

The purchase of the MTN Fixed LTE service is subject to RICA and you will be required to provide certain documentation when signing up as well as on delivery of the device/SIM, the requirements will be communicated to you. Clients will provide their RICA documents to the courier on delivery and the documents will be sent to Kingsley Technologies (Pty), as such please be advised