Can't get a straight answer nor refund

We are premium clients who use our ADSL for our business and for gaming. We are a capped client and should not be shaped or downgraded, but that is exactly what happens. For the last two years it has been an absolute battle to get what we are paying for. We have a 10meg line and have had periods where for months we were getting 8.7megs download speeds. Then suddenly for months we won't get over 4Meg's. That in a nut shell is the issue. Today for example we are getting a download speed of 0.01megs. In the past after much frustration and fighting we managed to get the port reset to a 10meg line and again we were happy but it never lasts. Afrihost blame Tellom and Telkom blame Afrihost. This is blatant downgrading and shaping of our line. My argument is since Afrihost can't deliver on their promises, then we should get a refund for those days and times our line is downgraded or shaped. I spoke to the accounts dept and sent them our Ookla test results but when I followed up they said their terms and conditions say that \up to"10megs will be supp**** but 0.01meg can't be considered \""up to\"" ? Surely? This legal jargon shows intent to me and its in violation with my rights as a consumer."""