1. Agreement Overview
This Agreement represents a Service Level Agreement (“SLA” or “Agreement”) between NFI Solutions (PTY) LTD. and Customer for the provisioning of wireless internet services required to support and sustain the Product or service.
This Agreement remains valid until superseded by a revised agreement mutually endorsed by the stakeholders.
This Agreement outlines the parameters of all internet services covered as they are mutually understood by the primary stakeholders. This Agreement does not supersede current processes and procedures unless explicitly stated herein.
2. Goals & Objectives
The purpose of this Agreement is to ensure that the proper elements and commitments are in place to provide consistent internet service support and delivery to the Customer(s) by the Service Provider(s).
The goal of this Agreement is to obtain mutual agreement for internet service provision between the Service Provider(s) and Customer(s).
The objectives of this Agreement are to:
Provide clear reference to service ownership, accountability, roles and/or responsibilities.
Present a clear, concise and measurable description of service provision to the customer.
Match perceptions of expected service provision with actual service support & delivery.
3. Stakeholders
The following Service Provider(s) and Customer(s) will be used as the basis of the Agreement and represent the primary stakeholders associated with this SLA:
Internet Service Provider(s): NFI Solutions (PTY) LTD. (“Provider”)
Internet Customer(s): - (“Customer”)
4. Periodic Review
This Agreement is valid from the Effective Date outlined herein and is valid until further notice. This Agreement should be reviewed at a minimum once per fiscal year; however, in lieu of a review during any period specified, the current Agreement will remain in effect.
The Business Relationship Manager (“Document Owner”) is responsible for facilitating regular reviews of this document. Contents of this document may be amended as required, provided mutual agreement is obtained from the primary stakeholders and communicated to all affected parties. The Document Owner will incorporate all subsequent revisions and obtain mutual agreements / approvals as required.
Business Relationship Manager: NFI Solutions (PTY) LTD
Review Period: Yearly (12 months)
Previous Review Date: 22-11-2021
Next Review Date: 22-11-2022
5. Service Agreement
The following detailed service parameters are the responsibility of the Service Provider in the ongoing support of this Agreement.
5.1 Service Scope
The following Services are covered by this Agreement.
Manned telephone support
Monitored email support
Remote assistance using Remote Desktop and a Virtual Private Network where available
Planned or Emergency Onsite assistance (extra costs apply)
Supply and installation of wireless internet equipment. Customer Requirements
Customer responsibilities and/or requirements in support of this Agreement include:
Payment for all support costs at the agreed interval.
Once off payment for supplying and installation of setup equipment only (No fixed contract).
Reasonable availability of customer representative(s) when resolving a service-related incident or request.
Insurance on equipment against theft, lightning or electrical power surge exacta.
Cleaning and trimming of trees, plants and any obstructions that will have an interference on equipment signal.
5.2 Service Provider Requirements
Service Provider responsibilities and/or requirements in support of this Agreement include:
Appropriate notification to Customer for all scheduled maintenance.
Supply wireless internet.
Fiber internet services are monitored and maintained through 3rd parties.
5.3 Service Assumptions
Assumptions related to in-scope services and/or components include:
Changes to services will be communicated and documented to all stakeholders.
5.4 Equipment and goods
All equipment and goods supplied and installed by NFI Solutions (PTY) remains the property of NFI Solutions (PTY) until fully paid for.
6. Service Management
Effective support of in-scope services is a result of maintaining consistent service levels. The following sections provide relevant details on service availability, monitoring of in-scope services and related components.
6.1 Service Availability
Coverage parameters specific to the service(s) covered in this Agreement are as follows:
Internet
Telephone support:
8:00 A.M. to 8:00 P.M. Monday - Friday
8:00 AM. To 8:00PM. Saturday - Sunday
Calls received out of office hours will be forwarded to another mobile phone and best efforts will be made to answer / action the call.
Email support: Monitored 8:00 A.M. to 5:00 P.M. Monday – Friday
Emails received outside of office hours will be collected, however no action can be guaranteed until the next working day.
Financial enquiries and bill our: 8:00 AM to 5 PM. Monday – Friday excluding public holidays.
Onsite assistance guaranteed within 72 hours during the business week
6.2 Service Requests
In support of services outlined in this Agreement, the Service Provider will respond to service-related incidents and/or requests submitted by the Customer within the following time frames:
0-8 hours (during business hours) for issues classified as High priority.
Within 48 hours for issues classified as Medium priority.
Within 5 working days for issues classified as Low priority.
Remote assistance will be provided in-line with the above timescales dependent on the priority of the support request.
7. Choice of Services and Products
7.1 The Customer is solely responsible for ensuring that their choice of product or service conforms to their requirements or desired outcome. NFI Solutions (PTY) will not be liable for compensation, costs or damages resulting from incorrect selection of products or services, or resultant delays in rectifying such errors.
7.2 Sign-up for products and services is subject to the cooling-off period described in section 44 of the Electronic Communications and Transactions Act ("the ECT Act").
7.3 NFI Solutions (PTY) provides Services based on information provided by the Customer, and NFI Solutions (PTY) offers no warranty as to the suitability of the Services beyond the requirements as expressed by the Customer.
7.4 NFI Solutions (PTY) reserves the right to stop offering particular Services if it deems it necessary. NFI Solutions (PTY) will then either provide the service for the remainder of the time that has been paid for or refund the amount paid for that specific package.
7.5 All services are pre-paid month-to-month and will run from 5 (Five) day prior to payment date.
Example: When payment date is on 15th of each month, the month will run from 10th to 10th of the next month.
8. Payment and Penalties
8.1 NFI Solutions (PTY) accepts Debit Order and EFT payments for month-to-month (Prepaid) services and will only accept alternative payment under specific circumstances and only by prior arrangement at NFI Solutions (PTY) discretions.
8.2 The Customers monthly debit orders of the Fee will be submitted monthly 5 (Five) days in advance prior to selected payment date by the client.
8.3 NFI Solutions (PTY) will not accept any liability or responsibility for delays, suspensions or impact to Services due to use of non-approved payment methods or incorrect reference by Clients.
8.4 Unpaid Debit Orders, or any other irregularity regarding payment which results in non-payment may result in immediate suspension of Services (which may not be limited to the Service in question). NFI Solutions (PTY) retains the right to suspend any Services for non-payment, and to withhold such Services until all amounts are settled in full on any and all products and Services.
8.5 NFI Solutions (PTY) reserves its rights to change its prices at any time on reasonable notice, which will not be less than 30 days, as per the minimum term of a month-to-month agreement.
8.6 If the Customers Services are terminated for any reason, including non-payment, NFI Solutions (PTY) may charge a Reconnection Fee for subsequent reactivation of services. Reconnection Fees are payable in full before any services can be reactivated, once suspended. NFI Solutions (PTY) may charge multiple reconnections Fees where multiple products are affected and may charge "escalating" penalties for repeated non-payment offences. Any prior leniency shown in this regard will not prejudice NFI Solutions (PTY) right to enforce such penalties in full at any time (within their discretion).
8.7 Reconnection of Services may be subject to a waiting period of up to 72 hours, at NFI Solutions (PTY) discretion, regardless of when payment is received or cleared.
8.8 In the case of billing disputes, the onus is upon the Customers to raise such disputes in good time to prevent interruption of services while the billing is in dispute. Reparations will be made to Customers with successful disputes by means of an account credit or refund, at NFI Solutions (PTY) discretion.
8.9 NFI Solutions (PTY) reserves the right to terminate services where a customer has shown a repeated disregard for payment terms and consistently fails to make regular scheduled payments on time and using approved payment methods. The conditions of termination will be based on guidelines determined at NFI Solutions (PTY) discretion and may vary. The means and terms of termination will be determined at NFI Solutions (PTY) discretion. Notice of payment reminders will be provided to the best of NFI Solutions (PTY) ability, but NFI Solutions (PTY) will not be held liable for claims or requests for further provision of services once a Customers services have been terminated due to non-payment.
8.10 Unless otherwise agreed:
• Billing will commence on the date that Service provision commences. Partial months will be charged pro rata.
• Services are billed in advance and all invoices must be paid by the Customer in advance.
• Any Services invoiced in arrears are payable on presentation of invoice.
• No credit will be given on any service provided by NFI Solutions (PTY) Ltd and not used by client as the services are prepaid.
• All Fees and other amounts payable are quoted net prices.
• Interest will be charged on any amount that remains unpaid by the Customers beyond the due date of payment:
The interest rate will be 2% (two percent) above the prime overdraft rate
(Percent, per annum), up to a maximum of 2% per month.
• The prime overdraft rate will be as charged by NFI Solutions (PTY) bankers at the time, which will be evidenced by a certificate issued by any manager of that bank, whose authority it shall not be necessary to prove.
• The interest will be calculated from the due date of payment to the date of actual payment, both days inclusive, and will be compounded monthly in arrears. The Customers agrees and undertakes to pay the interest.