Terms & Conditions

1.About these terms

1.1These terms apply to all goods and services supplied by FILCOR 100 (PTY) Ltd ("FILCOR") to you, the client ("you").

1.2You accept these terms when you accept a quote, pay a deposit, place an order (including online) or use a FILCOR service.

1.3If documents conflict, this order applies: (a) a signed service level agreement (SLA) or other signed written agreement; (b) your accepted quote or order; (c) the service-specific section in Part B; (d) the general terms in Part A.

1.4Nothing in these terms limits any right you have under the Consumer Protection Act 68 of 2008 (CPA), the Electronic Communications and Transactions Act 25 of 2002 (ECTA) or the Protection of Personal Information Act 4 of 2013 (POPIA), to the extent those Acts apply to you. If a clause conflicts with the law, the law applies and the rest of these terms remain in force.

1.5FILCOR may update these terms. For ongoing services, FILCOR will give you at least 30 days' notice by email. If you don't accept a change, you may cancel the affected service before it takes effect without penalty.

2.Company information

Supplied in terms of section 43 of ECTA.

3.Quotes, orders and pricing

3.1Quotes are valid for 7 days unless the quote says otherwise. Hardware prices depend on supplier pricing and exchange rates. If a price changes before your order is confirmed, FILCOR will tell you before going ahead.

3.2All prices are in South African Rand and are the full amount payable. If FILCOR registers for VAT, VAT will be added at the applicable rate from the registration date, with prior notice.

3.3An order is confirmed once FILCOR accepts it in writing and any required deposit has been received.

3.4Prices for recurring services may change, for example when a supplier increases its prices. FILCOR will give you at least 30 days' notice of any increase.

3.5If a price on the website or in a quote is clearly an error, FILCOR will contact you before supplying anything. You may then cancel with a full refund of anything paid.

4.Deposits and payment

Once-off work and hardware

4.1A deposit of between 50% and 80% of the quoted amount is payable before FILCOR orders stock or starts work. The deposit percentage for your job is shown on your quote. The balance is payable on completion or delivery.

4.2If you cancel after FILCOR has ordered stock specifically for you, FILCOR may keep a reasonable cancellation charge to cover costs it cannot recover, such as supplier restocking fees, as allowed by the CPA. The rest of your deposit will be refunded.

4.3Ownership of goods passes to you once they are paid for in full. Risk passes to you on delivery or installation.

Recurring monthly services

4.4Monthly services are billed in advance. FILCOR invoices before the start of each month, and payment is due by the 1st of the month the invoice covers. The billing month is shown on each invoice line. VoIP is the exception: it is billed in arrears (see section 10).

General

4.5Pay by EFT into the bank account shown on your invoice, using your invoice number as the reference. FILCOR will never change its banking details by email alone. If you receive a notice of changed banking details, phone 069 303 9430 to confirm before paying.

4.6If an invoice is more than 7 days overdue, FILCOR may suspend the related services after giving you written notice. Charges continue during suspension. A reconnection fee may apply, as stated on the rate card or charged by the upstream provider. Overdue amounts may attract interest at the rate prescribed under the Prescribed Rate of Interest Act 55 of 1975, and reasonable collection costs as allowed by law.

4.7If you dispute an invoice, tell FILCOR in writing within 14 days of the invoice date and pay the undisputed portion while the query is resolved.

5.Your responsibilities

For FILCOR to deliver the services, you agree to:

• give accurate information and keep your contact and billing details up to date;
• provide safe access to the premises, equipment, power and the system credentials needed for the work;
• get any permissions needed from your landlord, body corporate, estate or municipality;
• make sure the software on your systems is properly licensed;
• back up your data before work starts, unless FILCOR provides your backup service;
• not tamper with, move or reconfigure installed equipment without first speaking to FILCOR; and
• use the services lawfully.

6.Labour, call-outs and support

6.1Labour is charged at the rates on FILCOR's current rate card or your quote, in the time increments shown there.

6.2Remote support sessions attract the remote call-out fee shown on the rate card.

6.3Travel outside Polokwane is charged as quoted. Where one trip covers more than one of your sites, travel is shared between those sites.

6.4Work after hours, on weekends or on public holidays is charged at the rate card's after-hours rate.

6.5Work outside the agreed scope is charged separately. Where practical, FILCOR will tell you before doing such work.

7.Hardware

7.1Goods are new unless the quote says they are refurbished or second-hand.

7.2Under section 56 of the CPA, goods carry an implied warranty of quality for 6 months from delivery. If goods are defective within that time, you may choose repair, replacement or a refund. This warranty does not cover misuse, accidental damage, power surges or ordinary wear and tear.

7.3After 6 months, the manufacturer's warranty (if any) applies. FILCOR will handle the claim with the supplier, but turnaround times depend on the manufacturer. Once the workmanship warranty in section 8 has expired, labour to remove and reinstall equipment is charged.

7.4Goods that are not defective can only be returned by prior arrangement and may be subject to a restocking fee. For goods ordered online, see section 15.

7.5Back up your data before handing in a device. FILCOR takes reasonable care with devices and data but is not responsible for data loss during repairs unless caused by its negligence.

8.Installation workmanship warranty

8.1New installations (cabling, networks, Wi-Fi, CCTV, access control, servers and other equipment installed by FILCOR) are warranted against defects in workmanship for 6 months from the completion date.

8.2Repairs and maintenance: new or reconditioned parts installed by FILCOR, and the labour to install them, are warranted for 3 months from installation, in line with section 57 of the CPA.

8.3If a covered defect appears during the warranty period, FILCOR will fix it at no charge for labour or call-out.

8.4The warranty does not cover damage or faults caused by:

• lightning, power surges, load shedding or unstable power;
• rodents, insects, water, weather or other environmental factors;
• work, changes or repairs by anyone other than FILCOR;
• equipment that has been moved, misused or tampered with;
• faults on internet, telephony or other third-party networks;
• ordinary wear and tear, and consumables; or
• software or firmware changes not made by FILCOR.

8.5FILCOR strongly recommends surge protection on all installations, particularly given lightning activity in the region.

8.6To claim, report the fault in writing as soon as you notice it and give FILCOR access to the site. If the fault turns out not to be covered, the call-out and labour are charged at normal rates.

8.7This warranty is in addition to your rights under the CPA.

9.Internet services (fibre and LTE)

9.1FILCOR resells internet services delivered through upstream service providers, fibre network operators and mobile networks. Your use is also subject to their terms, acceptable use and fair usage policies. FILCOR will supply copies on request.

9.2Coverage checks on the FILCOR website are a guide only. Coverage is confirmed only once the network operator accepts the order. If the service can't be installed at your address, the order is cancelled and anything you paid is refunded in full.

9.3Fibre installations are scheduled by the network operator, and lead times are outside FILCOR's control. You are responsible for site access and for permissions from your landlord, body corporate or estate. Installation and activation fees are as quoted.

9.4Your order states whether the router and other equipment are sold to you or supplied on loan. Loaned equipment stays the property of FILCOR or the provider. It must be returned in good condition within 14 days of cancellation, or its replacement cost will be charged.

9.5Advertised speeds are line speeds, which are the maximum achievable. Actual speed depends on the network, Wi-Fi, your devices and the websites you use. LTE performance also depends on signal strength, network load, weather and location.

9.6FILCOR cannot guarantee uninterrupted service but will log and escalate faults with the provider. Outages are not credited unless an SLA says otherwise.

9.7LTE SIM cards must be registered in terms of RICA, for which you will need to provide your ID and proof of address. You are responsible for all use of your SIM and must report a lost or stolen SIM immediately.

9.8The service may not be used for illegal activity, spam, network attacks or resale without permission. FILCOR may suspend the service if these terms are breached or if instructed to by the upstream provider.

9.9Cancellation requires one calendar month's written notice. The service ends on the last day of the month after the month in which notice is received. If your order included a fixed term or a promotion (such as a free router on contract), any early termination charges stated on the order apply.

9.10If you move premises, the service needs a new coverage check at the new address. A relocation may be treated as a new order with its own fees.

10.VoIP and telephony

10.1Hosted PBX, lines, extensions and numbers are provided through an upstream provider whose terms also apply.

10.2All VoIP charges are billed monthly in arrears. This covers PBX, line, extension and number rentals as well as call usage. Call charges are calculated from the provider's call detail records (CDRs) at FILCOR's rates, and call records are available on request.

10.3Emergency calls: VoIP needs power and an internet connection. It may not work during power failures, load shedding or internet outages, and your location may not be passed to emergency services. Keep a mobile phone or other alternative available.

10.4Number porting depends on the current (donor) provider and requires your written authorisation. Any fees or contract obligations with the donor provider remain your responsibility. FILCOR is not liable for delays in porting.

10.5Keep phones, passwords and PBX access secure. You are liable for all calls made from your account, including unauthorised calls from compromised devices or credentials, unless caused by FILCOR's negligence. FILCOR may block suspicious traffic or destinations, or apply spending limits, to protect you.

10.6Call quality depends on your internet connection and network setup.

10.7Cancellation requires one calendar month's written notice. Usage up to the termination date is billed on a final invoice.

11.Cloud services, backup, security and licensing

11.1Cloud services and software licences (including Microsoft 365, cloud backup and endpoint protection) are supplied subject to each vendor's terms, which you accept by using the service.

11.2Some licences carry a fixed commitment term set by the vendor, such as an annual commitment. These can only be cancelled or reduced within the vendor's cancellation window and are otherwise payable for the full term. FILCOR will tell you the term when quoting.

11.3Prices follow vendor pricing and exchange rates and may change on notice, as set out in clause 3.4.

11.4Backups are configured and monitored as set out in your quote or SLA. A restore can only return data that was included in the backup. You remain the owner of your data and are responsible for telling FILCOR which data needs to be protected.

11.5Security software and measures reduce risk but cannot prevent every threat. FILCOR is not liable for losses from malware, phishing, fraud or cyber-attacks unless caused by its negligence.

11.6When a cloud service ends, the vendor may delete your data in line with its retention rules. Arrange an export with FILCOR before cancelling. FILCOR will cooperate in handing over administrative access or moving your services to another provider.

12.Websites, hosting, email and domains

12.1Domains are registered in your name or your business's name wherever the registry allows. FILCOR manages the domain on your behalf.

12.2Domains renew annually in advance. FILCOR will remind you before renewal, but is not liable if a domain lapses because the renewal was not paid. A domain included free with hosting stays free only while the hosting remains active; after that, renewals are charged.

12.3Hosting and email are subject to the storage and resource limits of your package. FILCOR may suspend an account that is sending spam, hosting malware or affecting other clients. You are responsible for keeping your passwords strong and secure.

12.4You confirm that you have the rights to all content you supply, including text, images and logos.

12.5Your content and your domain remain yours. FILCOR's templates, code, design system and administration platform remain FILCOR's property. You may use your website for as long as it is hosted with FILCOR and paid for. If you move away, FILCOR will hand over your content and transfer your domain.

12.6Once you approve a design, it is locked. Changes after approval are charged as quoted.

12.7FILCOR backs up hosting as described in your package, but you should keep your own copies of your content.

13.Managed services and SLAs

13.1The scope, response times, inclusions and exclusions of a managed service are set out in the SLA you sign. Where the SLA conflicts with these terms, the SLA applies.

13.2Work outside the SLA's scope is charged at rate card rates.

13.3The SLA's term and notice period apply. If the SLA does not state a notice period, one calendar month's written notice is required.

14.CCTV and access control

14.1FILCOR designs systems to the requirements agreed with you. CCTV is a deterrent and a tool for gathering evidence. It cannot guarantee to prevent crime or to identify people in every condition, since lighting, distance and weather all affect image quality.

14.2How long recordings are kept depends on storage capacity, camera count and recording settings. Retention estimates in quotes are based on the assumptions stated in the quote.

14.3You are the responsible party under POPIA for any footage your system records. This includes signage, controlling who can access footage, how long it is kept, and responding to requests for it. FILCOR can advise on signage.

14.4Administrator credentials are handed over on completion. FILCOR keeps remote access only with your consent.

14.5Remote viewing depends on your internet connection and on the manufacturer's app or cloud service.

14.6By accepting the quote, you authorise FILCOR to drill, mount equipment and run cabling in the agreed locations. Making good (such as painting or plastering) is not included unless quoted.

15.Online orders and cooling-off

15.1This section applies to orders placed through the FILCOR website.

15.2Under section 44 of ECTA, you may cancel an online order without reason or penalty within 7 days of receiving the goods, or of concluding the agreement for services. The only charge you may face is the direct cost of returning the goods. Any payment will be refunded within 30 days of cancellation.

15.3The cooling-off right does not apply to services that began with your consent before the 7 days ended, or to goods made or configured to your specification, as set out in section 42 of ECTA.

15.4The website does not take card payments. Payment is by EFT only, against FILCOR's invoice. Information you submit through the website is sent over an encrypted (HTTPS) connection.

16.Cancellation and termination

16.1Monthly services may be cancelled as set out in the relevant section of Part B. If no notice period is stated, one calendar month's written notice is required.

16.2Fixed-term agreements: where section 14 of the CPA applies, you may cancel on 20 business days' written notice, and FILCOR may charge a reasonable cancellation penalty. FILCOR will notify you between 40 and 80 business days before a fixed term expires.

16.3FILCOR may end a service if you materially breach these terms and do not remedy the breach within 7 days of written notice. FILCOR may end a service immediately in cases of fraud, illegal use or abuse. FILCOR may also stop offering a service on at least one calendar month's notice, and will refund any amount you have prepaid for the period after it ends.

16.4When a service ends, you must pay all amounts owing and return any loaned equipment. FILCOR will assist with exporting your data and handing over access.

17.Liability

17.1FILCOR performs all work with reasonable care and skill.

17.2To the extent the law allows, FILCOR is not liable for indirect or consequential loss, including loss of profit, data, revenue or business interruption. FILCOR's total liability for any claim is limited to: (a) for recurring services, the fees you paid for the affected service in the 3 months before the claim arose; or (b) for once-off work or goods, the price paid for that work or those goods.

17.3Clause 17.2 does not limit liability that cannot lawfully be limited, including liability for gross negligence, wilful misconduct or under section 61 of the CPA.

17.4FILCOR is not liable for failures of upstream providers, network operators or software vendors, but will escalate faults on your behalf.

18.Events beyond FILCOR's control

18.1FILCOR is not liable for delays or failures caused by events beyond its reasonable control. These include load shedding and grid failures, cable theft, vandalism, lightning, floods, fire, strikes, supplier shortages, upstream network failures and government action.

18.2If such an event affects a service for more than 30 days, either party may cancel that service without penalty.

19.Confidentiality and access to your systems

19.1FILCOR keeps your business information confidential and uses it only to provide the services.

19.2Credentials you provide are stored securely and used only for your work. FILCOR accesses your systems remotely only with your consent or as agreed in your SLA.

20.Disputes, law and notices

20.1If you have a complaint, contact FILCOR first. FILCOR aims to resolve complaints within 14 days.

20.2If a complaint is not resolved, consumers may refer it to the Consumer Goods and Services Ombud or the National Consumer Commission. Complaints about electronic communications services may be referred to ICASA.

20.3These terms are governed by South African law. Both parties consent to the jurisdiction of the Magistrate's Court with jurisdiction over the matter.

20.4Email to the addresses on record counts as written notice. Legal documents must be served at the physical addresses on record; FILCOR's is in section 2.

20.5If any clause is found invalid, the remaining clauses still apply. A delay or failure in enforcing a right does not mean that right is waived.

Privacy policy (POPIA)

This policy explains how FILCOR handles personal information in terms of the Protection of Personal Information Act 4 of 2013.

Who is responsible

FILCOR 100 (PTY) Ltd is the responsible party. The Information Officer is Arthur Kinnear, who can be contacted at [email protected] or 069 303 9430.

What FILCOR collects

• Identity and contact details: name, business name, ID or registration number where a service requires it, address, phone and email.
• Service information: installation address and map location (used for coverage checks), account details, device and network configurations, system logs and call detail records.
• Billing information: invoices and payment records. FILCOR does not take or store card details.
• Website information: what you submit through contact and order forms, and technical data such as your IP address recorded in server logs.

Why it is used

• To provide, support and bill for services.
• To check coverage and place orders with providers.
• To meet legal requirements, such as RICA registration for SIM cards and tax record-keeping.
• To communicate with you about your services.

FILCOR sends marketing only with your consent, or to existing clients about similar services. You can opt out of marketing at any time.

Who it is shared with

Personal information is shared only as needed to deliver your services. This may include upstream internet and VoIP providers, network operators, software and cloud vendors and their distributors, banks, and professional advisers. It is also shared with authorities where the law requires. FILCOR never sells personal information.

Storage outside South Africa

Some cloud services store data outside South Africa. FILCOR transfers information across borders only where section 72 of POPIA allows, such as where the recipient is bound by adequate data protection.

Security and retention

FILCOR applies reasonable technical and organisational measures to protect personal information. Information is kept only as long as needed for its purpose or as required by law; for example, tax records are kept for 5 years.

Your rights

You may ask to access, correct or delete your personal information, object to its processing, or withdraw your consent. Contact the Information Officer to do so. You may also lodge a complaint with the Information Regulator (www.inforegulator.org.za).

This website

This website does not use tracking or advertising cookies. Fonts are loaded from Google Fonts, which means your browser connects to Google's servers and shares your IP address with Google. Any coverage map on the site may use a third-party mapping service.

Changes

FILCOR may update this policy. The date at the top of this page shows when it was last changed.