NexGen Fibre Terms and Conditions
Effective Date: 01 October 2023
Welcome to NexGen Fibre. We appreciate your use of our services. These terms and conditions (“Terms”) outline important information about NexGen Fibre, so please read them carefully. By accessing and using our website or services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our services.
1. Definitions
NexGen Fibre: Refers to NexGen Fibre (Pty) Ltd, a leading telecommunications service provider.
Website: Our official website, accessible at www.nexgenfibre.co.za
User: Anyone who accesses or uses NexGen Fibre’s website or services.
2. Communication Consent
When you use our website or services, you consent to receive electronic communications from NexGen Fibre. This includes agreements, notices, disclosures, and other communications. Such electronic communications fulfil legal requirements, even if not in traditional written form.
3. Disclosure in Compliance with the Electronic Communications and Transactions Act, 2002
In compliance with the Electronic Communications and Transactions Act, 2002, we provide the following information:
Physical Address: 7 Nikkel Street, Brackenfell Industrial, Cape Town, 7560
Postal Address: 7 Nikkel Street, Brackenfell Industrial, Cape Town, 7560
Nature of Business: NexGen Fibre specializes in telecommunications services and is an authorized service provider.
Website Address: Visit our website at www.nexgenfibre.co.za
Dispute Resolution: Any disputes will be resolved through arbitration per the rules of the Arbitration Foundation of South Africa (AFSA). The arbitration will be held in Johannesburg, conducted in English, and the unsuccessful party covers all costs. AFSA’s rules at www.arbitration.co.za
Cooling-off Period: If you purchase goods and/or services through our website, you have a seven (7) day cooling-off period. After notifying us in writing, we will process your refund within 30 days. Goods must be returned at your cost if already delivered.
4. Acceptance of Terms
By accessing any pages on our website, you, as the User, accept and agree to comply with the following terms and conditions for website use.
5. Disclaimer
5.1 Availability: NexGen Fibre makes efforts to ensure proper website performance, accuracy of information, prices, and images. However, we do not guarantee service, stock availability, content, or information accuracy.
5.2 No Warranty: We do not provide warranties, express or implied, regarding website performance or the Services. You use the Services at your own risk, and we do not guarantee they will meet your requirements or be error-free.
5.3 Third-party Links: Our website may contain hyperlinks to third-party sites. NexGen Fibre is not responsible for their content or services. You access those sites at your own risk.
5.4 No Returns/Refunds: We do not accept requests for exchanges, returns, or refunds.
6. Indemnification
You agree to indemnify NexGen Fibre and hold us harmless from any loss, liability, actions, costs, demands, and damages arising from your use of our website and services.
7. Use of Services
7.1 Lawful Use: You may use our Services only for lawful purposes and agree not to use them for any unlawful activities.
7.2 Restrictions: You may not transmit material that violates any laws, distribute ‘junk mail’ or ‘spam,’ or use our website content beyond personal, non-commercial use without written permission from NexGen Fibre.
8. Termination and Changes
We reserve the right to alter, restrict, terminate, or modify our Services, terms, or prices at any time without notice. Continued use of our Services after changes constitutes acceptance.
9. Governing Law
9.1 Jurisdiction: These Terms are governed by South African law, and you submit to the jurisdiction of South African Courts.
9.2 Severability: If any provision is deemed illegal or unenforceable, it shall be deleted without affecting the remaining provisions.
9.3 No Waiver: Our failure to exercise any rights or provisions in these Terms does not constitute a waiver unless confirmed in writing.
9.4 Sole Agreement: These Terms, as revised by NexGen Fibre, constitute the sole agreement between you and us.
9.5 Waiver: We may waive these Terms at our discretion.
9.6 Tariff Variations: Monthly tariff subscription amounts may vary depending on your selected plan.
10. Delivery Policy
10.1 Legal Obligations: Clicking to make a purchase creates legal obligations. You agree to our terms and conditions before purchasing any services.
11. Refunds/Returns Policy
11.1 Cancellation: You may cancel your purchase, but a R250 handling fee applies. Written notice is required, signed by the original purchaser.
12. Payment Options
12.1 Currency: Transactions are processed in South African Rands (ZAR). We accept credit card payments and provide banking details for EFT or Direct Deposit payments on request. This payment method excludes the monthly payment for selected plans as this method will be affected by an authorised debit order facility.
12.2 Once-off Fee: Upgrade orders may be subject to a once-off fee of R250.
12.3 Debit Orders: Debit order dates align with your salary date to accommodate seasonal or economic changes.
13. Monitoring
We reserve the right to monitor website activity and content. We may investigate reported violations and take appropriate actions, including warnings, suspensions, terminations, or content removal.
14. Legal Jurisdiction
These Terms will be exclusively governed by South African law. South African Courts have exclusive jurisdiction in disputes. We may pursue proceedings in alternative jurisdictions at our discretion.
15. Contact Details
Telephone Number: +21 981 0571
General Enquiries: info@nexgenfibre.co.za
16. Feedback and Complaints
16.1 Customer Care Contact: If you have complaints or need information about our complaints-handling process, please contact our Customer Care Department:
Customer Care Inbound Contact: +21 981 0571
Customer Care Email Support: info@nexgenfibre.co.za
16.2 Consumer Products and Services Ombud (CGSO): We adhere to the Consumer Goods and Services Industry Code of Conduct. If we do not resolve your complaint within 15 business days of notification, you can approach CGSO to assist in dispute resolution.