Terms & Conditions

1. About these terms

These Terms and Conditions (“Terms”) govern the supply of electronic communications and related ICT services by Micro IT Solutions (Pty) Ltd, trading as Flexi Networks (“Flexi Networks”, “we”, “us” or “our”), a company incorporated in the Kingdom of Eswatini and licensed by the Eswatini Communications Commission (ESCCOM) under licence number GECS/003/23/MICRO IT.

They apply to every customer (“you”, “your” or the “Customer”) who orders, accepts or uses any of our services, whether residential, business or enterprise.

By placing an order, signing a service agreement, accepting installation or using any service we supply, you agree to be bound by these Terms.

2. Definitions

• Service — any internet access, voice, managed Wi-Fi, networking, hosting or related ICT service supplied by us.
• Service Agreement — the order form, quotation, proposal or contract signed or accepted by you, which sets out the specific service, speed, term and charges applicable to your account.
• Equipment — any hardware supplied, installed or made available by us, including optical network terminals, wireless radios, routers, cabling and mounting hardware.
• Premises — the address at which the Service is installed and delivered.
• Network — the electronic communications network operated by us or by our upstream and interconnect partners.
• Acceptable Use Policy — the rules set out in clause 13 governing permitted use of the Service.
• Commencement Date — the date on which the Service is activated and handed over to you.

3. The agreement between us

The agreement between you and us consists of these Terms, your Service Agreement, any applicable Service Level Agreement, our Privacy Policy, and any written variation agreed between us.

Where there is a conflict, the following order of precedence applies: (a) a signed Service Level Agreement; (b) your Service Agreement; (c) these Terms; (d) any other document.

No employee, agent or reseller may vary these Terms except in writing signed by an authorised representative of Flexi Networks.

4. Eligibility, registration and verification

To open an account you must be at least 18 years of age and legally capable of entering into a binding contract, or a duly registered juristic entity acting through an authorised representative.

You must provide accurate, complete and current information when applying. We are required by law to register subscribers and may request proof of identity, proof of address and, for businesses, registration documents before activating a Service.

We may decline an application, or suspend or terminate a Service, where information provided is materially inaccurate, incomplete or cannot be verified, or where we are required to do so by law or by a competent authority.

You must notify us promptly of any change to your contact, billing or address details.

5. Provision of services

We will provide the Service with reasonable skill and care and in accordance with applicable law and our licence conditions.

The Service is provided subject to technical feasibility, network capacity, availability of infrastructure at the Premises, and any necessary third-party permissions or wayleaves.

We may modify, upgrade, re-route or reconfigure the Network and the Service from time to time to maintain or improve service quality, to comply with law, or for operational reasons. Where a change is likely to have a material adverse effect on you, we will give reasonable prior notice.

Unless expressly stated in your Service Agreement, the Service is supplied for use at a single set of Premises and may not be resold, redistributed or shared beyond those Premises without our written consent.

6. Coverage, feasibility and installation

Any indication of coverage given before a site assessment, including results from any online coverage checker, is indicative only and does not constitute a guarantee that Service can be provided at your address.

Where a site survey is required, we will carry it out at no charge unless otherwise agreed. If the survey establishes that Service cannot reasonably be provided, we will tell you and any advance payment made specifically for that installation will be refunded.

• You must provide safe and reasonable access to the Premises for installation, maintenance and, where applicable, removal of Equipment.
• You must obtain any consent required from a landlord, body corporate, homeowners’ association or other third party before installation. Delays or additional costs arising from missing consents are your responsibility.
• A person aged 18 or over must be present for the duration of the installation to agree cable routes and equipment positions and to sign the handover.
• You must provide a suitable electrical supply for the Equipment at your own cost.

Estimated installation timeframes are given in good faith but are not guaranteed, and may be affected by weather, access, third-party permissions, infrastructure availability and matters beyond our reasonable control.

Where a scheduled installation or service visit cannot proceed because of your failure to provide access, permissions or a suitable power supply, we may charge a reasonable abortive-visit fee.

7. Equipment

Equipment supplied by us remains our property unless your Service Agreement expressly states that it has been sold to you. Title to any Equipment sold passes only on receipt of payment in full.

• You must keep our Equipment safe, in good condition and at the Premises, and must not sell, encumber, modify, relocate, open or tamper with it.
• You must not permit anyone other than our authorised technicians to install, service, move or remove our Equipment.
• You are responsible for loss of or damage to our Equipment while it is in your possession, other than fair wear and tear or fault attributable to us.
• You must allow us reasonable access to inspect, maintain, replace or recover our Equipment.
• On termination of the Service you must return our Equipment in good working order, or allow us access to recover it. We may charge the reasonable replacement value of Equipment not returned or returned damaged.

Fibre infrastructure installed at the Premises, including the drop cable and its termination, forms part of the Network and remains our property. It must not be cut, extended, re-routed or interfered with.

Equipment not supplied by us is your responsibility. We will provide reasonable assistance but do not warrant the performance of, and are not liable for faults caused by, third-party equipment.

8. Speeds, performance and fair use

Speeds quoted for a package are the maximum attainable line speeds delivered to the network termination point at the Premises. They are not a guarantee of the throughput achieved by any individual device.

• Actual performance experienced by a device is affected by wireless conditions, cabling, device capability, the number of concurrent users, the servers and services you connect to, and internet congestion beyond our Network.
• Except where a Service Level Agreement expressly provides otherwise, residential and standard business services are provided on a contended basis and on a best-efforts basis.
• Dedicated Internet Access services carry the contention ratio, availability targets and remedies set out in the applicable Service Level Agreement.

We may apply reasonable traffic management measures to protect the integrity, security and quality of the Network for all users. Any such measures will be applied fairly, transparently and in accordance with applicable regulations.

Where a service is described as offering unlimited data, that description is subject to fair and reasonable use. We may contact you where usage is materially inconsistent with normal use of the relevant package, or is such that it degrades service for other customers, and may agree a more suitable package with you.

You may report a suspected failure to meet advertised performance at any time. We will investigate and, where a fault on our Network is established, remedy it within a reasonable period.

9. Charges, billing and payment

• Charges are those set out in your Service Agreement or in our quotation, and are billed monthly in advance unless otherwise agreed.
• Once-off charges, including installation and equipment charges, are invoiced as specified in your Service Agreement.
• Where a Service starts or changes partway through a billing cycle, charges are apportioned on a pro-rata basis.
• Payment is due by the due date shown on the invoice. You must use the payment reference we specify so that payment can be allocated to your account.
• All amounts are payable in Eswatini Lilangeni (SZL) unless otherwise agreed in writing, and are exclusive of value added tax and any other applicable levies unless stated otherwise.

We may revise our charges. Where a revision increases the recurring charge for your Service, we will give you reasonable prior written notice in accordance with applicable consumer protection regulations, and you may terminate the affected Service without penalty by giving notice before the increase takes effect.

You must raise any query on an invoice before its due date. Raising a query on part of an invoice does not relieve you of the obligation to pay the undisputed balance by the due date.

Amounts not paid by the due date may attract interest at a reasonable rate and, where we are required to recover them, reasonable collection costs.

10. Restriction, suspension and termination by us

We may restrict, suspend or terminate the Service, in whole or in part, where:

1. amounts remain unpaid after the due date and after reasonable notice has been given to you;
2. you materially breach these Terms, your Service Agreement or the Acceptable Use Policy, and fail to remedy the breach within a reasonable period after notice;
3. we reasonably believe the Service is being used unlawfully, fraudulently or in a manner that threatens the security or integrity of the Network;
4. we are required to do so by law, by our licence conditions, by ESCCOM or by an order of a competent court or authority;
5. it is necessary for emergency maintenance or to protect the Network or other customers; or
6. you are placed under business rescue, liquidation, sequestration or a similar process.

Where circumstances permit, we will give notice before restricting or suspending a Service and will restore it promptly once the cause has been resolved. Charges continue to accrue during a suspension caused by your breach or non-payment.

Suspension does not, by itself, terminate the agreement or release you from your obligations under it.

11. Term, changes and cancellation by you

Your Service Agreement states whether a minimum term applies and, if so, its duration. Where a minimum term applies, early termination may attract the charges set out in that agreement.

• Upgrades may generally be requested at any time and, where no new installation is required, take effect within a short period. Charges are adjusted pro-rata.
• Downgrades take effect from the next billing cycle following your request, subject to any minimum-term conditions.
• Cancellation must be requested in writing by the registered account holder, giving the notice period stated in your Service Agreement. Charges remain payable for the full notice period.
• On cancellation you must settle all outstanding amounts and return, or allow us to recover, our Equipment.

You may terminate without penalty where we have materially breached these Terms and failed to remedy the breach within a reasonable period after written notice, or where we increase recurring charges and you give notice before the increase takes effect.

12. Moving premises

If you move, we will endeavour to transfer your Service to the new address subject to coverage, technical feasibility and any required permissions. Please give us at least 14 days’ notice.

A relocation may attract an installation or relocation charge, which we will quote before any work is carried out.

Where we cannot provide Service at the new address, we will discuss the available options with you, including the terms on which the agreement may be terminated.

13. Acceptable Use Policy

You must not use the Service, and must not permit any person to use the Service, to:

1. commit or facilitate any criminal offence, including any offence under the Computer Crime and Cybercrime Act;
2. gain or attempt to gain unauthorised access to any computer system, network, account or data;
3. distribute malware, ransomware or any other malicious code;
4. send unsolicited bulk electronic communications, or operate an open mail relay or open proxy;
5. infringe the intellectual property rights of any person, including by unlawful distribution of copyright works;
6. publish, transmit or store material that is unlawful, defamatory, or that constitutes child sexual abuse material, incitement to violence or unlawful hate speech;
7. harass, threaten, defraud or impersonate any person;
8. conduct denial-of-service attacks, port scanning, packet interception or other network abuse;
9. resell, redistribute or share the Service beyond the Premises without our written consent; or
10. use the Service in any way that damages, disables or impairs the Network or interferes with any other customer’s use of it.

You are responsible for all activity conducted through your Service, including activity by members of your household, employees, guests and any person to whom you provide access. Securing your network, including your wireless password, is your responsibility.

We may investigate suspected breaches and may restrict, suspend or terminate the Service, and report the matter to the relevant authorities, where a breach is established or where we are required to do so by law.

14. Your obligations

• Use the Service in accordance with these Terms, the Acceptable Use Policy and applicable law.
• Keep your account credentials, passwords and portal login secure and confidential, and notify us promptly of any suspected compromise.
• Take reasonable steps to secure your own devices and networks, including maintaining current security updates.
• Not interfere with, tamper with or attempt to modify our Equipment or the Network.
• Provide safe access to the Premises for installation, maintenance and recovery of Equipment.
• Pay all charges when due.
• Notify us promptly of faults, and of any change to your contact or billing details.

15. Liability

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be excluded or limited.

Subject to the paragraph above:

1. we are not liable for indirect, special or consequential loss, or for loss of profit, revenue, business, contracts, anticipated savings, goodwill or data, however arising;
2. our total aggregate liability to you in respect of all claims arising in any twelve-month period is limited to the total charges paid by you for the affected Service in that period, unless a Service Level Agreement expressly provides otherwise;
3. we are not liable for any failure or delay caused by third-party equipment, third-party networks, your own network or devices, or any act or omission of yours; and
4. the Service is not warranted to be uninterrupted or error-free, and we do not warrant that it is suitable for any application in which failure could cause death, injury or significant loss unless we have expressly agreed this in writing.

The Service is not a substitute for a dedicated emergency communications service. Voice services delivered over the internet may not function during a power failure or a loss of connectivity, and may not convey accurate location information to emergency services. You should maintain an alternative means of contacting emergency services.

Where you use the Service for business purposes, you are responsible for maintaining appropriate backup arrangements, business continuity measures and insurance.

16. Events beyond our control

We are not liable for any failure or delay in performing our obligations where that failure or delay results from an event beyond our reasonable control, including natural disaster, severe weather, fire, flood, lightning, epidemic, war, civil unrest, industrial action, failure of a national electricity supply, cable theft, third-party excavation damage, failure of an upstream provider, or an act or direction of government or a regulatory authority.

Where such an event continues for a prolonged period, either party may terminate the affected Service on written notice without liability, other than for charges already accrued.

17. Data protection and privacy

We process personal data in accordance with the Data Protection Act, 2022 and our Privacy Policy, which forms part of these Terms.

We are required by law to retain certain subscriber and communications data and to disclose information to competent authorities where lawfully required, including under a warrant, court order or lawful directive.

Where you provide us with personal data relating to other individuals — for example employees, family members or authorised contacts — you confirm that you are entitled to do so and that those individuals have been informed of how their data will be used.

18. Intellectual property

All intellectual property rights in the Network, our Equipment configuration, our software, documentation, brand, website and content remain ours or our licensors’.

Nothing in these Terms transfers any intellectual property right to you. You are granted only a non-exclusive, non-transferable right to use our Equipment and software for the purpose of receiving the Service during the term of the agreement.

You must not copy, reverse-engineer, decompile or create derivative works from any software or firmware we supply, except to the extent permitted by law.

19. Complaints and dispute resolution

If you are unhappy with any aspect of our Service, please raise it with us first. Most matters are resolved quickly once we know about them.

1. Contact our support team by phone on +268 2417 7505, by email to sales@flexinetworks.co.sz, or through our contact form. Please provide your customer number and a clear description of the issue.
2. Escalation. If you are not satisfied with the response, ask for the matter to be escalated to management. We will acknowledge escalated complaints and provide a substantive response within a reasonable period.
3. Referral to the regulator. If the complaint remains unresolved, you may refer it to the Eswatini Communications Commission (ESCCOM), which regulates licensed electronic communications providers in Eswatini and handles consumer complaints under the applicable consumer protection regulations.
4. Legal proceedings. Nothing in this clause prevents either party from approaching a competent court.

We keep a record of complaints and their resolution as required by our licence conditions and applicable regulations.

20. Changes to these terms

We may amend these Terms from time to time to reflect changes in law, regulation, our licence conditions, our services or our operating practices.

We will publish the amended Terms on our website and, where a change materially affects your rights or obligations, give you reasonable prior notice by email or another agreed means.

If a material change is not acceptable to you, you may terminate the affected Service without penalty by giving notice before the change takes effect. Continued use of the Service after that date constitutes acceptance of the amended Terms.

21. Notices

Notices to you may be given by email to the address registered on your account, by SMS to your registered number, by post to your registered address, or by notice in the client portal. Notices sent by email or SMS are deemed received on the day of sending.

Notices to us must be sent by email to sales@flexinetworks.co.sz or delivered to Libro Business Park, Kunene Road, Corner Plaza, Ezulwini, Eswatini. Notices of cancellation must be given in writing by the registered account holder.

22. General

• Assignment. You may not cede, assign or transfer your rights or obligations without our written consent. We may cede or assign our rights and obligations to a member of our group or to an acquirer of our business, provided your rights are not materially prejudiced.
• Severability. If any provision is found to be invalid or unenforceable, the remaining provisions continue in full force.
• Waiver. A failure or delay in enforcing any right does not amount to a waiver of that right.
• Entire agreement. These Terms, together with your Service Agreement and the documents referred to in clause 3, constitute the entire agreement between us and supersede all prior discussions, proposals and representations.
• No partnership. Nothing in these Terms creates a partnership, joint venture or employment relationship between us.
• Survival. Clauses relating to charges, liability, intellectual property, data protection and dispute resolution survive termination.

23. Governing law and jurisdiction

These Terms and any dispute arising out of or in connection with them are governed by the laws of the Kingdom of Eswatini.

The parties consent to the jurisdiction of the courts of the Kingdom of Eswatini, without prejudice to your right to refer a complaint to ESCCOM under clause 19.

24. How to contact us

Micro IT Solutions (Pty) Ltd t/a Flexi Networks
Libro Business Park, Kunene Road, Corner Plaza, Ezulwini, Eswatini
Telephone: +268 2417 7505
Email: sales@flexinetworks.co.sz
Licence: ESCCOM GECS/003/23/MICRO IT