Terms and Conditions
1. DEFINITIONS
1.1 User: the client of the Internet Service Provider (ISP) requiring a Drop Cable connection to activate a Service.
1.2 ISP: a licensed Internet Service Provider subscribed to the Lightstruck network by signing the Master Agreement with Lightstruck.
1.3 ONT: Optical Network Terminal; the device installed on the User’s property where the Drop Cable terminates.
1.4 Drop Cable: the fibre optic cable connecting the Lightstruck Network into a User’s property.
1.5 Installation Date: the date agreed with the User for installation of the Drop Cable.
1.6 Router: the customer-premises device installed by the ISP to deliver internet services.
1.7 Communications Act: Act 8 of 2009.
1.8 CRAN: Communications Regulatory Authority of Namibia.
1.9 Service: the ISP’s service delivered using Lightstruck infrastructure or equipment (e.g., Drop Cable, ONT).
2. ACCEPTANCE
2.1 By ordering or using the Service, the User accepts these Terms and Conditions.
2.2 Lightstruck may amend these Terms and Conditions, subject to applicable law, and will notify Users of material changes.
3. SUBSCRIPTION OR CONNECTION CHARGE
The subscription or connection charge will be as set out in the ISP’s agreement with the User.
4. COMMENCEMENT AND DURATION
4.1 These Terms take effect from the Installation Date.
4.2 They continue for as long as the User receives a Service delivered over Lightstruck infrastructure.
5. TITLE
All Lightstruck equipment (including Drop Cables and ONTs) remains the property of Lightstruck at all times.
6. RISK
6.1 Risk of damage to User property during installation is subject to clause 8 (Installation and Duty of Care).
6.2 Risk of damage to Lightstruck equipment remains with Lightstruck, unless caused by User negligence, misuse, or unauthorised tampering.
6.3 Users are responsible for maintaining reasonable care of installed equipment.
7. SCHEDULING AND RESCHEDULING OF INSTALLATION DATE
7.1 Lightstruck will agree an Installation Date with the User via the ISP.
7.2 If the User is not available on the Installation Date, the installation may be rescheduled, and additional costs may apply.
7.3 Lightstruck may reschedule for operational reasons, with reasonable notice to the User.
7.4 Repeated missed appointments by the User may result in cancellation or additional charges.
8. INSTALLATION AND DUTY OF CARE
8.1 Permission: The User grants Lightstruck and its contractors permission to enter the property for installation, maintenance, and recovery of equipment.
8.2 Scope of Work: Installation is limited to Lightstruck’s standard installation specifications.
8.3 Best Route: Lightstruck will determine the best cable route within the property.
8.4 Existing Services: Lightstruck is not responsible for interference with existing cabling or services.
8.5 Risk: All reasonable care will be taken during installation.
8.6 Liability: Lightstruck accepts no liability for pre-existing defects or damages not directly caused by installation.
8.7 Damage: Any damage caused by Lightstruck during installation will be reasonably repaired.
8.8 ONT Placement: The ONT will be placed at a practical location determined by the installer.
8.9 Power Supply: The User must provide a safe and reliable power outlet for the ONT.
8.10 Installation Charges
8.10.1 Residential Installations:
– Civil works up to 30 metres included.
– Fibre cable length up to 50 metres included.
– Charges may be reduced at Lightstruck’s discretion.
8.10.2 Business Installations:
– Landlord/Trustee consent (where applicable).
– Site meeting to determine route (where applicable).
– Civil works up to 50 metres included.
– Fibre cable length up to 75 metres included.
9. ADDITIONAL INSTALLATION CONDITIONS
9.1 Installation charges are subject to Lightstruck’s service catalogue, which may be updated from time to time.
9.2 Additional charges apply for installations exceeding the limits in clause 8.10.
9.3 Special installation requests may attract extra charges.
9.4 Installation is deemed accepted once the Service is activated.
10. ACCESS AND MAINTENANCE
10.1 The User must allow Lightstruck access to maintain, repair, or recover its equipment.
10.2 Access will be arranged with reasonable notice, except in emergencies.
11. CONTRACTOR INSTALLATION DUTIES
11.1 Lightstruck contractors must carry identification and comply with safety requirements.
11.2 Contractors will perform work with reasonable skill and care.
12. OPTIMUM CONDITIONS
Lightstruck does not guarantee uninterrupted Service, as performance depends on multiple factors including ISP services and User equipment.
13. CONSUMER PROTECTION
13.1 These Terms comply with the Communications Act and CRAN regulations.
13.2 Lightstruck will handle complaints in accordance with regulatory requirements.
13.3 Lightstruck warrants that installation and equipment will be fit for purpose.
13.4 Users warrant that they have authority to grant access to the property.
14. USE OF DROP CABLE AND ONT
14.1 Users may not tamper with or relocate Lightstruck equipment.
14.2 Only Lightstruck or authorised contractors may maintain or remove equipment.
14.3 On termination, Lightstruck may recover its equipment from the property.
15. MAINTENANCE AND SERVICE SUSPENSION
15.1 Lightstruck may suspend Services temporarily for:
15.1.1 Network maintenance;
15.1.2 Emergency repairs;
15.1.3 Regulatory or safety requirements;
15.1.4 Other valid operational reasons.
15.2 Lightstruck will give prior notice where reasonably possible.
15.3 Extended outages beyond 48 hours will be communicated via the ISP.
16. THIRD-PARTY RELIANCE
16.1 Delivery of Services depends on cooperation from ISPs, landlords, municipalities, and other third parties.
16.2 Lightstruck is not liable for delays caused by third parties.
17. SERVICE AVAILABILITY
Service availability is subject to network capacity, feasibility, and infrastructure readiness.
18. CHANGE OF PREMISES
If the User relocates, installation at the new premises will be treated as a new order.
19. INDEMNITY AND LIMITATION OF WARRANTY
19.1 Lightstruck disclaims all warranties not expressly set out in these Terms.
19.2 Users indemnify Lightstruck against claims arising from misuse of equipment or breach of these Terms.
19.3 Lightstruck is not liable for indirect, incidental, or consequential damages.
19.4 Lightstruck will not be liable for failure to perform due to Force Majeure Events, including but not limited to:
19.4.1 Natural disasters;
19.4.2 User’s failure to provide access or power;
19.4.3 Civil unrest or strikes;
19.4.4 Governmental actions;
19.4.5 Network outages beyond Lightstruck’s control.
20. FORCE MAJEURE
If a Force Majeure Event prevents performance, Lightstruck may suspend obligations until conditions normalise.
21. WARRANTIES
Lightstruck warrants only that it will provide the Service with reasonable care and skill. No further warranties apply.
22. PAYMENT AND PRICE INCREASES
22.1 All installation charges are payable via the ISP.
22.2 Lightstruck reserves the right to adjust charges, subject to applicable law.
23. LIMITATION OF LIABILITY
23.1 Lightstruck does not operate as an ISP and is not responsible for:
23.1.1 Internet content;
23.1.2 ISP billing or contractual terms;
23.1.3 Service quality delivered by the ISP;
23.1.4 Security of User devices.
23.2 Liability is limited to direct damages caused by Lightstruck’s negligence.
23.3 Lightstruck’s liability is capped at the lesser of:
23.3.1 The installation fee paid; or
23.3.2 N$10,000.
23.4 Lightstruck is not liable for:
– Financial loss,
– Data loss,
– Loss of profits,
– Loss of business or goodwill,
– Indirect or consequential damages.
24. SUSPENSION OF SERVICES
Lightstruck may suspend Services for non-compliance, non-payment (via ISP), or misuse.
25. USER ASSISTANCE AND COMPLAINTS
Users must report service issues to their ISP, who will coordinate with Lightstruck.
26. BREACH
If the User breaches these Terms, Lightstruck may suspend or terminate the Service and recover equipment.
27. PAYMENT
All payments are due as agreed with the ISP. Lightstruck has no direct billing relationship with the User.
28. GENERAL
28.1 These Terms are governed by Namibian law.
28.2 Invalidity of any clause does not affect the remainder.
28.3 Failure to enforce rights does not constitute waiver.
