Version: af-master-2026-08 · Effective date: 28 August 2026 · Supersedes: Active Fibre General Terms and Conditions v3 (March 2025)
Active Fibre (Pty) Ltd, registration number 2021/715069/07, VAT number 4960313676, of 11th Floor, The Metal Box, 25 Owl Street, Braamfontein Werf, Johannesburg, 2092 ("Active Fibre", "we", "us", "our").
1.1 This Master Services Agreement applies to every service we provide to you. Each service also has its own Schedule, which sets out the terms specific to that service.
1.2 The documents that make up our agreement, in order of precedence where they conflict:
(a) your signed Quotation, Service Order or Statement of Facts ("Order"); (b) the applicable Service Schedule; (c) this Master Services Agreement; (d) our Acceptable Use Policy and Fair Use Policy; (e) our Privacy & POPIA Notice and Complaints Procedure.
1.3 Words defined in the Electronic Communications Act 36 of 2005 have that meaning here unless we say otherwise. "FNO" means a fibre network operator or other third-party network provider whose infrastructure a service runs over. "Business Day" excludes Saturdays, Sundays and South African public holidays. "Calendar Month" runs from the first to the last day of a month.
1.4 A quotation is valid for 7 calendar days unless it says otherwise.
2.1 Our obligation to provide a service is subject to:
(a) a satisfactory credit assessment, and where we require it, a debit order mandate, deposit or suretyship; (b) confirmation of feasibility and coverage by the relevant FNO or network operator at your exact address; (c) your full compliance with RICA (the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002), including providing proof of identity and address where required; (d) receipt of any pre-installation or first-period payment.
2.2 Coverage shown before an order is placed is indicative. Coverage varies from property to property. We do not warrant a third party's published coverage information, and an order is only confirmed once the FNO verifies coverage at your address. If coverage cannot be confirmed, we will tell you and refund any amount already paid for that service.
2.3 We may withhold or suspend a service if you fail to comply with RICA.
3.1 Your service starts on activation and runs for the initial term stated in your Order. If no term is stated, the service is month-to-month.
3.2 After the initial term, the service continues month-to-month until cancelled.
3.3 Cancellation requires one (1) Calendar Month's written notice, sent to accounts@activefibre.co.za. Notice given during a month takes effect at the end of the following month. You remain liable for all charges through the notice period.
3.4 If you move, vacate the premises or stop using a service without cancelling it in writing, the service remains provisioned and billing continues. You remain liable until you cancel in writing.
3.5 Cancelling a debit order mandate is not cancellation of a service. The mandate has its own notice period of 20 ordinary working days (see the Debit Order Authority and Mandate). Cancelling the mandate without our written consent, while a service is active, is a breach of this agreement.
3.6 Either party may cancel immediately on written notice if the other commits a material breach and fails to remedy it within 10 Business Days of written demand, or on insolvency, business rescue or liquidation.
4.1 If you cancel a service before the end of its initial term, you are liable for the charges set out in the applicable Schedule. Unless that Schedule says otherwise, this is the full balance of the monthly charges for the remainder of the initial term, plus:
(a) the unrecovered portion of any subsidised or waived installation, activation or build cost; (b) the unrecovered portion of any subsidised equipment, calculated as (term − months elapsed) ÷ term × equipment cost; (c) any once-off charge levied on us by an FNO or supplier that we cannot recover; (d) any third-party equipment cancellation cost, including a supplier restocking charge of up to 7% of the value of equipment ordered specifically for you.
4.2 Unused data, voice minutes or other allocations are not transferable and are forfeited on termination.
4.3 Termination does not affect any amount already due.
5.1 Monthly charges are billed in advance. Usage-based charges are billed in arrears.
5.2 Invoices are issued on or about the 26th of the month preceding the service month. Monthly charges are payable by the 1st of the service month. Where you pay by debit order, collection is taken between the 1st and the 4th.
5.3 New orders require the first period to be paid up front, together with any installation, activation or once-off charge, before the order is processed.
5.4 Prices are inclusive of VAT where a service is sold to consumers at an advertised retail price, and exclusive of VAT where an Order states an excluding-VAT price. The Order governs.
5.5 Payments must be made in full, without deduction, withholding or set-off, free of bank charges. Payment is only discharged when cleared funds are received. EFT and direct deposits may take up to 72 working hours to reflect.
5.6 Late payment attracts interest at prime plus 2% per annum, together with administration, tracing, collection and legal costs on the attorney-and-client scale.
5.7 Price increases. We may increase charges on one (1) Calendar Month's written notice, including where an FNO, carrier, upstream provider, landlord, municipality, utility or regulator increases our direct costs. Increases will be commercially reasonable.
5.8 Disputing an invoice. You must lodge a billing dispute in writing to accounts@activefibre.co.za within 30 calendar days of the invoice date. You may withhold a genuinely disputed amount only if the dispute was lodged at least 5 Business Days before the due date; undisputed amounts must always be paid. You must allow us 14 Business Days to resolve a dispute before escalating to a third party or instituting a chargeback.
5.9 A certificate signed by one of our directors reflecting the amount you owe is prima facie proof of that debt, to the extent the law allows.
6.1 We may suspend a service if payment is overdue, if you breach this agreement or the Acceptable Use Policy, or where an FNO or regulator requires it.
6.2 Billing continues during suspension — the service remains provisioned to your address and the full amount remains payable.
6.3 Reconnection after suspension, and a returned or reversed debit order, each attract a reactivation fee of R79.99 (incl VAT).
7.1 Upgrade and downgrade requests must reach us at least 10 working days before the start of a month; changes take effect on the 1st of the following month.
7.2 A service change (upgrade, downgrade or regrade) attracts a fee of R195 (incl VAT).
7.3 Downgrades are only available after the initial term. Upgrades are available at any time, subject to feasibility, and are charged pro rata from activation.
8.1 Installation timeframes are estimates, not commitments. Typical FNO lead times are 7–14 working days (Vumatel, MetroFibre, Zoom Fibre) and 14–21 days (Openserve).
8.2 A standard installation is included where an Order says so. Non-standard work is charged at the FNO's published rates, currently including: Active Fibre network R200.00 incl VAT per linear metre beyond 40m; Openserve R182.40 incl VAT per metre beyond 8m (maximum 200m); Link Africa R228.00 incl VAT per metre beyond 30m; Vumatel R450.00 excl VAT per hour beyond 75m fibre, 25m conduit or 15m trenching. These rates are set by the FNO and may change.
8.3 You must report any installation defect in writing to home@activefibre.co.za within 7 working days of installation. After that, any repair arising from the installation is for your account.
8.4 You are responsible for site readiness: access and any landlord or body-corporate permission, internal cabling and LAN, a suitable and stable power supply, and a safe working environment. We do not cover lightning damage; you should fit surge protection.
8.5 A migration fee applies where you move to us from another provider and the premises have been inactive for less than 30 days. The fee is set by the FNO and is quoted before we proceed.
9.1 FNO equipment (the ONT, wall box or similar) belongs to the FNO, must not be removed from the property, and remains in place if you move or cancel.
9.2 Equipment we supply — including routers, firewalls, VoIP handsets and SIMs — remains our property unless you purchased it outright and it is invoiced to you as a purchase.
9.3 Risk passes to you on delivery. You must keep our equipment safe, insured, unmodified and at the installation address. You must tell your landlord in writing that the equipment belongs to us.
9.4 On termination you must return our equipment immediately, in good order and, where applicable, in its original packaging with the power supply. If it is not returned within 30 days, or is returned damaged, we may invoice you the full replacement cost, plus a re-installation or retrieval charge. Replacement of damaged FNO equipment or re-installation is currently charged at R1 811.25 (incl VAT).
9.5 Equipment warranties are as stated in the applicable Schedule.
9.6 Our service is the connectivity itself. Wi-Fi coverage inside your premises, your LAN, and the configuration of your devices are not part of the service and are quoted separately.
10.1 Unless the applicable Schedule expressly provides a service level, every service is provided on a best-effort basis, and speeds, throughput, latency and uptime are not guaranteed.
10.2 Where a Schedule does provide a service level, that Schedule sets out the measurement method, the exclusions and the remedy. Service credits are the sole remedy for failing to meet a service level.
10.3 We will use reasonable endeavours to keep services available, but we are not liable for failures or disruptions caused by the acts or omissions of FNOs, carriers, upstream providers or utilities.
10.4 Maintenance. Scheduled maintenance is performed after hours or over weekends wherever possible. Emergency maintenance may be performed without notice. FNOs perform their own maintenance, of which we may receive no notice.
10.5 Support. Helpdesk hours are weekdays 08:00–21:00 and weekends and public holidays 08:00–14:00. Office hours are weekdays 08:00–17:00. Critical outages on services with a service level are supported 24/7 as set out in that Schedule. Escalation runs Support Desk → NOC / technical escalation → senior management.
10.6 Where a fault sits on an FNO network, we log and manage the fault with the FNO on your behalf. We do not control FNO repair times.
11.1 You must comply with our Acceptable Use Policy and Fair Use Policy, which form part of this agreement.
11.2 You may not resell our services or use them to provide a service to third parties without a written reseller agreement with us.
11.3 We may warn, shape, suspend or terminate a service for breach of the AUP or FUP. Serious abuse — including child sexual abuse material, unlawful interception, hacking, and large-scale spam — may result in immediate suspension without warning and referral to the South African Police Service.
11.4 We may recover from you the costs of dealing with abuse originating from your service, including bandwidth, administration and downtime costs.
11.5 We are a member of the Internet Service Providers' Association (ISPA) and subscribe to its Code of Conduct. ISPA is our designated takedown-notice agent under section 75 of the Electronic Communications and Transactions Act 25 of 2002: PO Box 518, Noordwyk, 1687 · 010 500 1200 · complaints@ispa.org.za.
12.1 We monitor our network and the services running on it in order to plan capacity, detect and diagnose faults, maintain security, detect abuse, and meet our legal obligations.
12.2 What we collect is traffic flow metadata — source and destination addresses, ports and protocols, volumes and timestamps — together with device and session health information. We do not inspect the content of your communications.
12.3 Flow metadata is retained for approximately 90 days and is processed in line with our Privacy & POPIA Notice.
12.4 Nothing in this clause permits interception of the content of communications. Any interception would require a direction under RICA.
13.1 We process personal information as our Privacy & POPIA Notice describes, as Responsible Party under the Protection of Personal Information Act 4 of 2013.
13.2 You consent to us sharing your information as necessary to process your application, provision and repair your service (including with FNOs and suppliers), perform credit assessments, and collect amounts owing — including referral to attorneys or a debt collector.
13.3 We may monitor and record communications with you for quality assurance, evidential and regulatory purposes.
⚠ Your attention is specifically drawn to this clause, which limits our liability. This notice is given in terms of section 49(1) of the Consumer Protection Act 68 of 2008.
14.1 We are not liable for indirect, incidental, special or consequential loss, including loss of profit, revenue, data, goodwill or business interruption, however arising.
14.2 Our total liability arising from any single event is limited to six (6) times your average monthly billing, and in aggregate over any 12-month period to twelve (12) times your average monthly billing (averaged over the 3 months preceding the event).
14.3 We are not liable for loss caused by FNOs, carriers, upstream providers, power failure, load shedding, theft, vandalism, cable theft, or force majeure.
14.4 Except where a Schedule provides service credits, we do not provide credits, refunds or compensation for downtime.
14.5 Nothing in this agreement excludes liability that cannot lawfully be excluded.
You indemnify us against any claim, loss or cost arising from your use of the services, your content, your breach of this agreement or the AUP, or your breach of any law.
16.1 Electronic acceptance. You agree that accepting this agreement electronically — by ticking an acceptance box, clicking to accept, or applying an electronic signature — constitutes your valid and binding signature, carries a valid digital footprint, and has the same legal effect as a handwritten signature. This is agreed in terms of the Electronic Communications and Transactions Act 25 of 2002.
16.2 Changes. We may amend this agreement, the Schedules and the policies on one (1) Calendar Month's notice, published on our website or sent to you. Continuing to use the service after the effective date means you accept the change.
16.3 Complaints. Our Complaints Procedure applies: we acknowledge a complaint and give you a reference number within 3 Business Days, and communicate an outcome in writing within 14 Business Days. Unresolved complaints may be referred to ISPA.
16.4 Notices. Notices to us go to accounts@activefibre.co.za; notices to you go to the email address on your account. Email is valid written notice.
16.5 Cession. You may not cede or assign your rights without our written consent. We may cede our rights, including to a financier or in a sale of business.
16.6 Whole agreement. These documents are the whole agreement. No variation is binding unless in writing (subject to clause 16.2).
16.7 Governing law and jurisdiction. South African law governs. You consent to the jurisdiction of the Magistrates' Court, without limiting our right to proceed in a High Court.
16.8 Severability. If a provision is unenforceable, the rest survives.
Active Fibre (Pty) Ltd · Reg 2021/715069/07 · VAT 4960313676 · ISPA member · B-BBEE Level 2
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Please note: installation of a new line by the fibre network operator can take up to 15 days; any router we supply remains Active Fibre's property and must be returned if you cancel; and uptime is not guaranteed, as it depends on the network operator, power and other factors outside our control. Full terms are in our General Terms & Conditions.
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