Fixed LTE from R45pm

General Terms
The RSAWEB MTN FIXED LTE service is a residential fixed broadband service utilising LTE spectrum on MTN South Africa’s mobile network to deliver fast internet connectivity to the home. RSAWEB MTN FIXED LTE is a fixed broadband service that will be offered as a stand-alone product to RSAWEB customers who reside within MTN Fixed-LTE coverage areas. We commit to keeping our coverage data as accurate as possible, but we are reliant on the maps that are given to us by MTN which could result in slight inaccuracies at times. The RSAWEB MTN FIXED LTE service is offered as a capped data product, and RSAWEB will not allow any Out-Of-Bundle data usage or charging.
Fixed LTE SIM cards
Delivery of SIM card (and router where applicable) can take between 5 – 7 working days.
RSAWEB Fixed LTE SIM only packages require a setup fee which includes RICA on delivery at a fee of R195.
SIM cards will be locked to the location for which the application was placed and will not register to the RSAWEB MTN FIXED LTE network if used in a different location. Faulty SIM cards will be replaced at no charge within the first 12 (twelve) months. RSAWEB will not perform any SIM-swaps
Services
The RSAWEB MTN FIXED LTE price plans will receive both Anytime Data and Night Express Data. The Night Express Data is available for use between 00:00 – 05:59 only.
The RSAWEB MTN FIXED LTE contract commences on the date of delivery.
The RSAWEB MTN FIXED LTE SIM-only contract will remain in force on a month to month basis until terminated by either party with 1 (one) calendar months’ notice.
Customers who sign up for the RSAWEB MTN FIXED LTE service and elect to purchase a router (subject to an additional monthly payment) as a rental router option, would need to take note of the router rental cancellation policy.
Routers
The Customer has two options in respect of the router to be used:
a. The Customer may choose to be on a SIM-only plan and purchase a router from RSAWEB by paying the full purchase price upfront.
b. The Customer may elect to rent a router from RSAWEB, at an additional monthly fee. The router will need to be returned at the end of the service. Failure to comply will result in a charge. The delivery in all cases will be provided at a cost of R195 once-off.
In the case of router rental service, ownership of the router will remain with RSAWEB for the duration of the RSAWEB MTN FIXED LTE contract. The service will continue on a month-to-month basis after the initial fixed term until such a time the service is terminated by either party. The risk of loss, damage or theft of the router will transfer to the Customer upon delivery of the equipment. Customers who are on the router rental option will be liable to pay the replacement value, at the time of loss or theft, of the equipment. In the event of theft or loss of a router and/or SIM card, the Customer has a statutory obligation to report such loss or theft to the South African Police Services immediately and to request RSAWEB to suspend such SIM Card. Equipment supplied by RSAWEB carries a warranty for defects for a period of 12 (twelve) months. The warranty only applies to manufacturer defects and not user-induced and/or negligent damage; or damage caused by liquid or moisture intrusion. If equipment supplied by RSAWEB becomes defective: the Customer must return the equipment to RSAWEB and RSAWEB will have the equipment repaired or replaced. RSAWEB reserves the right to replace equipment with refurbished equipment.
Billing and Payment
Billing of the RSAWEB MTN FIXED LTE account will be activated once the SIM card has been delivered. RSAWEB will bill the Customer for monthly subscription charges in advance from the time the service has been delivered. Where an RSAWEB MTN FIXED LTE Account is activated before the start of the next billing cycle, the Customer will be liable for the full monthly subscription for that month and will be allocated the full volume of data. The Customer will be billed in advance for any additional hardware and services, including Top-Up data purchases.
Regrades and change of service
RSAWEB MTN FIXED LTE Customers may migrate to other RSAWEB services like Fibre to the Home subject to the applicable FTTH price plan terms and conditions including the availability of a Fibre network coverage in the applicable area.  RSAWEB MTN FIXED LTE packages will not incur penalties or charges for upgrades or downgrades. The Customer will need to notify RSAWEB in writing of upgrade or downgrade requests by the 16th of the month for the change to become effective from the following billing period, subject to changes in base subscription costs.
Relocation and Cancellation Rules
If a Customer changes their physical location from an area with MTN FIXED LTE coverage to another with MTN FIXED LTE coverage, RSAWEB will require an update of location in the register used for location locking on the network. Customers will be required to notify RSAWEB of the intention to move 30-days before moving, and RSAWEB will only allow the Customer to move a maximum of 4 (four) times in a one-year cycle. Where a Customer changes location to an area that does not have MTN FIXED LTE coverage, he/she must cancel the contract. Cancellations are subject to cancellation charges as per their relevant package chosen. The Customer may cancel RSAWEB MTN FIXED LTE at any time by giving RSAWEB notice of one calendar month. The notice must be communicated via e-mail to [email protected]. RSAWEB reserves the right to recover any outstanding amounts including amounts recoverable in respect of promotional value received within the clawback period and the value of any equipment supplied, including lost or damaged equipment (replacement value at the time of cancellation).

Delivery
A delivery Fee of R195 is payable on all hardware ordered including but not limited to the free-to-use router, SIM cards and any additional hardware purchased or gifted like a mini-UPS device. The delivery fee is payable in full on the first invoice.
Should a customer upgrade their connectivity service to a package that requires a different or upgraded router from RSAWEB a courier surcharge of R390 is applicable for unforeseen hardware swap-out carrier costs (R195.00 collection fee of the current router and R195 delivery fee of the new router).
RSAWEB customers who are moving to a new residence must use the original RSAWEB-supplied free-to-use router at their new residence when migrating their connectivity service. If upgraded service is ordered for the new residence and requires an upgraded router, then courier collection and delivery fees apply.
Delivery in outlying areas may be delayed by 24 – 72 hours, as these areas are only serviced by the courier 1 -2 times a week.

Hardware
If a customer selects to pay for discounted hardware upfront, and the client cancels their connectivity service the sum of the discounted amount will be billed upon cancellation.
Customers are responsible for ensuring that the hardware they have selected upon signing up is correct. Only hardware selected at check out and confirmed via email confirmation will be included in the initial delivery from RSAWEB. Any incorrect hardware or hardware not included in the confirmed order will be billed separately and applicable courier fees will apply.
The warranty of our hardware does not apply and is void with respect to:
-Failures or defects caused by misuse, abuse, accidents, physical damage, abnormal operation, improper handling and storage, neglect, exposure to fire, fluids, hazardous materials, Chemicals, spills of food or liquids, acts of god or cosmetic damage
-Any Hardware which has been, modified or altered by anyone other than RSAWEB
-The product that has been improperly installed or maintained
-Hardware not supplied by RSAWEB
-Other circumstances beyond the reasonable control of RSAWEB.

RSAWEB MTN FIXED LTE Terms and Conditions
1. General Terms
a. The following Terms and Conditions contain assumptions of risk and/or liability by the Customer; and limits and excludes liabilities, obligations and legal responsibilities which RSAWEB Proprietary Limited (referred to as “RSAWEB “) will have towards Customers and other persons.
b. These Terms and Conditions also limit and exclude Customers rights and remedies against RSAWEB and place various risks, liabilities, obligations and legal responsibilities on Customers.
c. These Terms and Conditions may result in Customers being responsible for paying additional costs and amounts and RSAWEB may also have claims and other rights against Customers.
d. To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (“the CPA”), no provision of these Terms and Conditions is intended to contravene the applicable provisions of the CPA. Therefore, all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the CPA are complied with.
2. Introduction
a. The RSAWEB MTN FIXED LTE service is a residential fixed broadband service utilising LTE spectrum on MTN South Africa’s mobile network to deliver fast internet connectivity to the home.
b. RSAWEB MTN FIXED LTE is a fixed broadband service that will be offered as a stand-alone product to RSAWEB customers who reside within MTN Fixed-LTE coverage areas.
c. The RSAWEB MTN FIXED LTE service will only be available on LTE technology, it will not fall back to 3G or 2G technology.
d. RSAWEB MTN FIXED LTE service will only provide a public dynamic IP address, and no fixed IP address VAS is allowed.
e. RSAWEB MTN FIXED LTE service does not support traditional mobile voice, SMS and USSD services.
f. The RSAWEB MTN FIXED LTE service makes use of a RSAWEB private APN (ws.RSAWEB.fwa) which the Customer may need to manually configure on to the router.
g. RSAWEB can only provide MTN FIXED LTE services in an area where there is MTN SA Fixed LTE coverage.
h. The provision of the RSAWEB MTN FIXED LTE service is subject to the verification of the coverage after the order has been placed with RSAWEB.
i. In addition to these Terms and Conditions, the use of RSAWEB MTN FIXED LTE is subject to the following:
i. RSAWEB General Terms and Conditions;
ii. RSAWEB Privacy Policy
iii. RSAWEB Acceptable Use Policy and Fair Usage Policy
iv. Terms and Conditions applicable to a specific promotion.
j. The abovementioned terms and conditions, and policies are available and accessible on https://www.rsaweb.co.za/legal/
k. RSAWEB MTN FIXED LTE will available from the 20th March and until RSAWEB in its sole and absolute discretion elects to discontinue the service.
3. Packages
a. The RSAWEB MTN FIXED LTE service is offered as a capped data product, and RSAWEB will not allow any Out-Of-Bundle data usage or charging.
b. The RSAWEB MTN FIXED LTE price plans will receive both Anytime Data and Night Express Data. The Night Express Data is available for use between 00:00 – 05:59 only.
c. The standard inclusive (Anytime and Night Express Data) and Top-Up value is valid for 30-days. MTN FIXED LTE Customers are permitted to carry over unused standard inclusive value and Top-Up value at the end of a billing cycle only once (1 time). This means that unused value will not expire at the end of a billing cycle and will be valid for a further 30-days.
d. The RSAWEB MTN FIXED LTE data with the earliest expiry will deplete first, in the following sequence:
i. Night Express Data (only between 00:00 and 05:59)
ii. Unused Top-up data
iii. Monthly any-time data rolled over from the previous month
iv. Monthly any-time data allocated for that month
e. RSAWEB MTN FIXED LTE inclusive value and Top-Up value can only be transferred between RSAWEB MTN FIXED LTE accounts/users.
i. Customers can initiate a transfer by contacting RSAWEB on 087740000
ii. The transfer request is subject to the verification of the Recipient account details and acceptance of the transfer by the Recipient.
iii. RSAWEB reserves the right to decline a transfer request where either the Donor or Recipient account is suspended.
iv. The transferred value retains its initial validity period and will deplete first once allocated to the Recipient.
v. This will be considered a cession of service and the relevant documentation will apply
4. Ordering Process & Package Activation
a. Customers can place orders for RSAWEB MTN FIXED LTE either online through the RSAWEB website, or through an authorised representative of RSAWEB.
b. All orders, placed online or through an authorised representative, are subject to acceptance by RSAWEB.
c. The acceptance of the order will depend on, amongst others, the correctness of the product-related information reflected on the order; credit vetting and receipt of payment or a payment authorisation.
d. RSAWEB reserves the right to obtain information regarding the Customer’s creditworthiness from third parties i.e. credit bureaus and authorised agents after the Customer has placed the order. An order may be accepted or rejected based on the information received from credit bureaus.
e. The order is accepted when the Customer’s RSAWEB MTN FIXED LTE Account is delivered.
f. The Customer must comply with the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (“RICA”) prior to a RSAWEB MTN FIXED LTE Account being activated.
g. As per RICA, a Customer must provide proof of full names, surname, Identity Document number and residential address to a RICA officer when purchasing a SIM card.
h. RSAWEB will allow the service to be activated when there is compliance with RICA. Service Activation may take between 2 (two) and 24 (twenty-four) hours after RSAWEB has received the RICA documents from the RICA officer.
i. SIM cards will be locked to a RSAWEB / MTN approved range of devices. If other devices are used, those devices will not be recognised by or register on the RSAWEB MTN FIXED LTE network.
j. SIM cards will be locked to the location for which the application was placed and will not register to the RSAWEB MTN FIXED LTE network if used in a different location.
k. The activation of the service will be considered acceptance of all the terms and conditions applicable to the service.
5. Contract Commencement and Duration
a. The RSAWEB MTN FIXED LTE contract commences on the date of delivery.
b. The RSAWEB MTN FIXED LTE SIM-only contract will remain in force on a month to month basis until terminated by either party with 1 (one) calendar months’ notice.
c. Customers who sign up for the RSAWEB MTN FIXED LTE service and elect to purchase a router (subject to an additional monthly payment) as a rental router option, would need to take note of the router rental cancellation policy.
d. Customers who sign up for RSAWEB MTN FIXED LTE have the right to a cooling-off period of five (5) days from the day of service activation.
e. During this period, the Customer may cancel the RSAWEB MTN FIXED LTE contract (for whatever reason) without penalty, subject to returning all hardware received as part of the agreement and the payment of SIM, delivery and activation cost.
6. Installation, Equipment and Connectivity
a. The Customer has three options in respect of the router to be used:
i. The Customer may elect to be on a SIM-only plan and use a router of their choice. Only MTN / RSAWEB approved devices may be used to access the RSAWEB MTN FIXED LTE service.
ii. The Customer may choose to be on a SIM-only plan and purchases a router from RSAWEB by paying the full purchase price upfront.
iii. The Customer may elect to purchase a router from RSAWEB, at an additional monthly with a setup fee charged upfront. The router will need to be returned at the end of the service. Failure to comply will result in a charge. The delivery in all three cases will be provided
iv. R199
v. free of charge.
vi. free of charge.
b. In the case of option 6.a.iii above, ownership of the router will remain with RSAWEB for the duration of the RSAWEB MTN FIXED LTE contract. The service will continue on a month-to-month basis after the initial fixed term until such a time the service is terminated by either party.
c. The risk of loss, damage or theft of the router will transfer to the Customer upon delivery of the equipment.
i. Customers who are on the router ret will be liable to pay the replacement value, at the time of loss or theft, of the equipment.
ii. In the event of theft or loss of a router and/or SIM card, the Customer has a statutory obligation to report such loss or theft to the South African Police Services immediately and to request RSAWEB to suspend such SIM Card.
d. RSAWEB will only make use of equipment and hardware that has been approved by the Independent Communications Authority of South Africa (ICASA) and network approved by MTN SA to provide its RSAWEB MTN FIXED LTE services.
e. Customers may choose to make use of their own devices from the list of RSAWEB approved devices but may be subject to limited support as a result of limitations incompatibility with RSAWEB systems and the MTN SA mobile network configuration.
f. Where Customers elects to use their own equipment and devices, the Customer must maintain and operate compatible equipment and devices required to access the RSAWEB MTN FIXED LTE services. To that end, RSAWEB makes no warranties, either expressed or implied, regarding such Customer equipment.
g. Equipment supplied by RSAWEB carries a warranty for defects for a period of 12 (twelve) months.
h. The warranty only applies to manufacturer defects and not user-induced and/or negligent damage; or damage caused by liquid or moisture intrusion.
i. If equipment supplied by RSAWEB becomes defective:
i. the Customer must return the equipment to RSAWEB.
ii. RSAWEB will have the equipment repaired or replaced.
j. RSAWEB reserves the right to replace equipment with refurbished equipment.
k. Faulty SIM cards will be replaced at no charge within the first 12 (twelve) months.
l. RSAWEB will not perform any SIM-swaps
m. The Customer will be liable for repair or replacement cost to faulty equipment if the damage to the equipment is user-induced.
9. Billing and Payment
a. Subject to the conditions above being met, billing of the RSAWEB MTN FIXED LTE account will be triggered once the SIM card has been delivered.
b. RSAWEB will bill the Customer for monthly subscription charges in advance from the time the service has been delivered.
c. Where an RSAWEB MTN FIXED LTE Account is activated before the start of the next billing cycle, the Customer will be liable for the full monthly subscription for that month and will be allocated the full volume of data.
d. The Customer will be billed in advance for any additional hardware and services, including Top-Up data purchases.
e. The Customer must pay amounts due into RSAWEB ’s bank account within 2 (two) business days of the invoice date.
f. If a Customer pays by debit order or other electronic means, his bank or third party is his agent. The Customers carries the risk of payment until RSAWEB receives the payment into their account.
g. RSAWEB reserves the right to charge a debit order return fee of R12,50 (excluding VAT) for each unsuccessful debit order transaction.
h. Where 2 consecutive debit orders are unsuccessful, RSAWEB reserves the right to automatically change the payment method to cash and effectively terminate the debit order mandate.
i. Top-ups are allocated on a prepaid basis. Payments can be made via EFT or Credit card. Data will only be allocated once a positive balance is visible on the customers’ accounts/subscription.
10. Suspension and Migration Rules
a. RSAWEB reserves the right to suspend billing and provisioning of recurring data balances, with notice to the Customer, if RSAWEB has not received payment in full.
b. Where a Customer’s Account has been suspended, he will not have access to the internet unless there is a carry-over of data that has not expired.
c. A suspended RSAWEB MTN FIXED LTE Account may be reactivated subject to payment of the full outstanding amounts due.
d. A Customer may not request for his RSAWEB MTN FIXED LTE Account to be suspended whilst he is in a 24 (twenty-four) month contract as RSAWEB does not allow any kind of payment holiday arrangement.
e. RSAWEB MTN FIXED LTE Customers may migrate to other RSAWEB services like Fibre to the Home subject to the applicable FTTH price plan terms and conditions including the availability of a Fibre network coverage in the applicable area.
f. Data caps are non-transferable between carrier technologies, and customers who migrate between capped and uncapped FTTH price plans and RSAWEB MTN FIXED LTE price plans will forfeit all available data for the price plan migrated from.
11. Upgrade and Downgrade Rules
a. RSAWEB MTN FIXED LTE packages will not incur penalties or charges for upgrades or downgrades.
b. The Customer will need to notify RSAWEB in writing of upgrade or downgrade requests by the 16th of the month for the change to become effective from the following billing period, subject to changes in base subscription costs.
c. The subscriber shall retain any applicable carry-over data accumulation when upgrading or downgrading.
12. Relocation and Cancellation Rules
a. If a Customer changes their physical location from an area with MTN FIXED LTE coverage to another with MTN FIXED LTE coverage, RSAWEB will require an update of location in the register used for location locking on the network. Customers will be required to notify RSAWEB of the intention to move 30-days before moving, and RSAWEB will only allow the Customer to move a maximum of 4 (four) times in a one-year cycle.
b. Where a Customer changes location to an area that does not have MTN FIXED LTE coverage, he/she must cancel the contract. Cancellations are subject to cancellation charges as per their relevant package chosen.
c. The Customer may cancel RSAWEB MTN FIXED LTE at any time by giving RSAWEB notice of one calendar month. The notice must be communicated via e-mail to [email protected]
d. RSAWEB reserves the right to recover any outstanding amounts including amounts recoverable in respect of promotional value received within the clawback-period and the value of any equipment supplied, including lost or damaged equipment (replacement value at the time of cancellation).
13. Transfer and Change of Ownership
The RSAWEB MTN FIXED LTE Price Plan is not transferable
14. Service: Interruptions and Support
a. Due to the nature of the mobile network, RSAWEB makes no guarantees on service quality and availability.
b. RSAWEB will not be held responsible for a service being interrupted and/or failing due to an interruption in the network or any other reason.
c. The Customer is ultimately responsible for his/her use of the RSAWEB MTN FIXED LTE service from the activation of the services. Therefore, RSAWEB, will not be held liable for any loss or damage that results from the use of the services.
d. RSAWEB reserves the right, in its sole and absolute discretion, to terminate or suspend the Customers services or access to the network services where RSAWEB suspects abuse of its network, RSAWEB MTN FIXED LTE, any of its services, fraud, criminal activity or where the Customer’s participation is placing an unreasonable constraint on the MTN network which may impact the experience of other MTN Customers.
e. The RSAWEB contact centre is available on 0874700000
f. Where a callout can be attributed to a fault caused by the Customer, the Customer will be charged a call-out fee.
15. Changes to the Service and, Terms and Conditions
a. RSAWEB reserves the right at any time to modify, suspend or discontinue the services, with notice, without liability to the Customer or any third party.
b. RSAWEB reserves the right from time to time to vary the charges of these services as may be deemed necessary in its discretion, with notice c. The Customer must visit RSAWEB www.rsaweb.co.za website regularly for notices, updates and/or changes to products and services.
c. As changes will be posted on the RSAWEB website, the Customers continued use of the products and/or services will be deemed acceptance of the amended rules.
16. Limitation of Liability
a. Subject to a fixed limit, RSAWEB only accepts liability for direct loss or damages suffered by the Customer, for which RSAWEB is responsible for in terms of the law, with the exception of loss or damages (direct or indirect) caused by:
i. RSAWEB ’s failure to supply or deliver equipment or services on the required date and/or time.
ii. The suspension, interruption or cancellation of RSAWEB MTN FIXED LTE through no negligent or failure by RSAWEB (and its representatives and agents).
iii. The legal suspension of the Customer’s RSAWEB MTN FIXED LTE.
b. Any acts or omissions by RSAWEB and its representatives or agents, that are beyond its control.
c. The Customer’s use of any equipment supplied to him by RSAWEB.
d. RSAWEB ’s cumulative maximum liability for all claims, actions. Demands and proceedings, irrespective of the cause, is limited to one month’s subscription payable in terms of the RSAWEB MTN FIXED LTE contract.
17. Complaints Handling Procedure
a. RSAWEB has a complaints resolution procedure that aims to address any dissatisfaction with its products and services.
b. Complaints can be communicated via email and on our social media pages.
c. RSAWEB will acknowledge your complaint within 48 hours and provide the Customer with a reference number.
d. RSAWEB will investigate and provide feedback on the complaint within 14 calendars days.
e. If the Customer is not satisfied with the resolution of the complaint, he/she has the right to refer the matter to:
i. The Internet Service Provider’s Association (ISPA) on [email protected]; or
ii. the Independent Communications Authority to South Africa (ICASA) on www.icasa.org.za.

GENERAL TERMS AND CONDITIONS
1. DEFINITIONS
These definitions shall apply equally to all documents which form part of the Agreement:
1.1. “Acceptance Date” means the date on which the Customer accepted the Agreement and this may include acceptance in writing, telephonically or electronically, such electronic acceptance includes clicking “I agree” on a web page or on your mobile device;
1.2. “Agreement” means:
1.2.1. these Terms and Conditions;
1.2.2. the FTTH Terms and Conditions;
1.2.3. the AUP;
1.2.4. the FUP;
1.2.5. the Application Form completed by the Customer in order to contract for the Services and Products with RSAWEB; and
1.2.6. any addendum concluded by RSAWEB and the Customer.
1.3. “Application Form” means the documents, including in an electronic form, on which the Customer, amongst other things, applied for the provision of the Services and Products by RSAWEB;
1.4. “AUP” means RSAWEB’s Acceptable Usage Policy which shall form part of this Agreement and which policy the Customer agrees to adhere to;
1.5. “Business Days” means any day other than a Saturday, Sunday or a public holiday officially recognised as such in the Republic of South Africa;
1.6. “CPA” means the Consumer Protection Act, 68 of 2008;
1.7. “Customer” means the person referred to as such on the Application Form and who utilises or has applied to utilise RSAWEB’s Services and Products and who is bound to the Agreement;
1.8. “Effective Date” means the date on which RSAWEB gives the Customer access to and/or enables the Customer to use the Services and Products;
1.9. “Equipment” means any device, equipment or hardware used to access the Services and Products or used in conjunction with the Services and Products and which shall include the router;
1.10. “FNO” means a fibre network operator who, amongst other things, builds and owns the physical infrastructure that is used to deliver fibre;
1.11. “FTTH” means fibre to the home;
1.12. “FTTH Terms and Conditions” means the terms and conditions which are applicable to the Customer’s use of the FTTH;
1.13. “FUP” means RSAWEB’s Fair Usage Policy which shall form part of this Agreement and which policy the Customer agrees to adhere to;
1.14. “Installation Fee” means the fee payable for installing the FTTH line and which fee will differentiate between the specific FNOs;
1.15. “Intellectual Property Rights” means patents, registered designs, trademarks (whether registered or otherwise), copyright, trade secret rights, database rights, design rights, service marks and other intellectual property rights;
1.16. “ISP” means Internet Service Provider;
1.17. “Juristic Person” means a company, close corporation, a body corporate, partnership, association or trust;
1.18. “Malicious Code” means anything that contains any computer software routine or code intended to:
1.18.1. allow unauthorised access or use of a computer system by any party;
1.18.2. disable, damage, erase, disrupt or impair the normal operation of a computer system;
1.18.3. and includes any back door, time bomb, trojan horse, worm, drop dead device or computer virus.
1.19. “Parties” means RSAWEB and the Customer collectively and “Party” shall mean either of them as the context may dictate;
1.20. “RICA” means the Regulation of Interception of Communications and Provision of Communication Related Information Act, 70 of 2002;
1.21. “Router Fee” means the fee payable for the FTTH router;
1.22. “RSAWEB” means RSAWEB (Pty) Ltd, a private company registered as such in South Africa;
1.23. “RSAWEB’s System” means equipment operated together as a system by RSAWEB to provide any Services and Products, including, without limitation, servers, peripherals, routers, switches, cables, software, databases, generators;
1.24. “Services and Products” means the provision of internet services, information technology services and any other products or services related thereto, provided by RSAWEB to the Customer and as specifically applied for by the Customer on the Application Form;
1.25. “Service Fee” means the amount payable by the Customer to RSAWEB for the Services and Products;
1.26. “Terms and Conditions” means these General Terms and Conditions as stipulated herein;
1.27. “Uncontrollable Event” means, inter alia, any fire, flood, earthquake, elements of nature or acts of God, riots, civil disorder or any other cause beyond the reasonable control of RSAWEB including the termination or suspension of a service or product provided by an FNO and / or a third party supplier, that may result in a delay or a failure to provide any Services and Products;
1.28. “VAT” means value-added tax charged in terms of the VAT Act;
1.29. “VAT Act” means the Value-Added Tax Act, 89 of 1991.
2. CONSUMER PROTECTION ACT, 68 OF 2008
2.1. To the extent that there is any inconsistency between the Agreement and the CPA, the CPA shall take precedence.
3. DURATION
3.1. The provisions of the Agreement shall be effective from the Acceptance Date and shall endure indefinitely until it is cancelled in terms of the Agreement. RSAWEB will provide the Customer with access to the Services and Products from the Effective Date.
3.2. The Customer is solely responsible for ensuring that their choice of the Services and Products conforms to their requirements or desired outcome. RSAWEB will not be liable should the Customer select the incorrect Services and Products.
3.3. The Parties agree that, in the event that RSAWEB is unable to activate the Services and Products which the Customer has applied for within 30 (thirty) days of the Acceptance Date (or such extended period as RSAWEB may advise) due to an Uncontrollable Event, the Agreement will automatically terminate and neither Party shall have any liability to the other as a result of the termination.
3.4. Should the Agreement be for a fixed term (such fixed-term having been selected by the Customer as a contract option, namely, either 1 (one) month, 12 (twelve) months or 24 (twenty-four) months from the Effective Date (either of these periods hereinafter referred to as “the Initial Period”):
3.4.1. and should the Customer be a natural person,
3.4.1.1. the Customer may:
3.4.1.1.1. cancel the Agreement on the expiry of the Initial Period and, in order to do this, shall provide RSAWEB with one calendar month’s (from 1st of the month to the last day of the month) notice by logging a support ticket by emailing [email protected]; or
3.4.1.1.2. on at least 20 (twenty) Business Days written notice to RSAWEB at any time prior to the expiry of the Initial Period by emailing [email protected];
3.4.1.1.3. alternatively, should the Agreement not be cancelled as per clauses 3.4.1.1.1 or 3.4.1.1.2 above, it will automatically continue on a monthly basis and will be terminable by either RSAWEB or the Customer on a calendar month’s (from 1st of the month to the last day of the month) written notice to the other Party.
3.4.1.2. RSAWEB may:
3.4.1.2.1. should the Customer have materially breached the Agreement, terminate the Agreement if the Customer fails to rectify the breach after 20 (twenty) Business Days’ notice from RSAWEB calling upon the Customer to rectify its breach;
3.4.2. and should the Customer be a Juristic Person, the Customer may:
3.4.2.1. not cancel the Agreement during the Initial Period other than due to a material unremedied breach committed by RSAWEB; or
3.4.2.2. cancel the Agreement on the expiry of the Initial Period and, in order to do this, shall provide RSAWEB with one calendar month’s notice by logging a support ticket by emailing [email protected];
3.4.2.3. alternatively, at the expiry of the Initial Period, should the Agreement not have been cancelled as per the above, the Agreement will automatically renew and will continue on a monthly basis, terminable by either Party on one month’s notice, on revised terms, including revised pricing, which terms RSAWEB will notify the Customer of prior to the expiry of the Initial Period.
3.5. Should the Customer cancel the Agreement during the Initial Period, the Customer will remain liable for all amounts owing up to the date of cancellation and, in addition to this, RSAWEB will be entitled to impose a reasonable cancellation penalty and the Customer shall be liable to reimburse RSAWEB for the following: the Router Fee (where applicable), the Installation Fee (provided there was not already a fibre line when the Customer applied to RSAWEB for the Services and Products) and the courier charges, insofar as they are applicable, in accordance with the FTTH Terms and Conditions.
3.6. Upon termination of the Agreement, RSAWEB or its partners shall be entitled to retrieve all or any Equipment installed by the partner or RSAWEB at the Customer’s premises.
3.7. Save as specifically provided for above, this Agreement may be terminable by either Party on 1 (one) calendar month’s written notice unless the Customer has materially breached the Agreement, in which case, RSAWEB will provide the Customer with reasonable notice to rectify the breach, this reasonable notice being 5 (five) Business Days unless the Customer can prove that this is unreasonable and, should the Customer fail to rectify the breach within such reasonable period, RSAWEB may terminate the Agreement.
3.8. Notwithstanding termination of this Agreement, should the Customer continue to utilise the Services and Products of RSAWEB, the Customer will remain liable for all amounts which would have been due to RSAWEB and the Agreement shall be deemed to continue to apply until all amounts due to RSAWEB are paid.
4. SERVICE FEE, PAYMENT AND THE CONSEQUENCES OF BREACH OF PAYMENT TERMS
4.1. Billing will commence on the Effective Date. Notwithstanding the aforesaid, RSAWEB reserves the right to bill the Customer for any non-recurring charges prior to the Effective Date. RSAWEB reserves the right to prohibit the Customer’s access and use of the Services and Products until such time as these non-recurring charges have been settled in full.
4.2. All fees and other amounts payable are quoted exclusive of VAT unless specified otherwise by RSAWEB.
4.3. The Customer agrees to pay RSAWEB for the Services and Products as set out in the Application Form and this Agreement one month in advance on the last working day of each and every calendar month.
4.4. The Customer agrees to pay all amounts free of exchange and without deduction or set-off by way of a direct debit order in favour of RSAWEB, drawn against an existing bank account nominated by the Customer, or in such other manner as agreed by RSAWEB from time to time.
4.5. If the Customer’s debit order bounces for any reason, RSAWEB reserves the right to resubmit the debit order.
4.6. Should the Customer pay by way of debit order, the Customer agrees that:
4.6.1. RSAWEB will be entitled and authorised to draw all amounts payable in terms of this Agreement from the account specified by the Customer and the Customer will sign all such forms and do all such things as may be necessary to give effect to the debit order;
4.6.2. RSAWEB is entitled to debit the Customer’s bank account on the first debit order run date after the Effective Date, provided that if the Effective Date is after the debit order run date for a particular month, RSAWEB will debit the Customer’s account on the following debit order run date and the Customer’s first bill will therefore include a pro-rata portion for the remaining period of the month in which the Customer had its Effective Date plus the full-Service Fee for the succeeding month;
4.6.3. the Customer will not revoke or terminate the debit order instructions until termination of this Agreement and until all amounts due and owing to RSAWEB have been fully paid.
4.7. Should the Customer fail to pay any amount to RSAWEB on the due date for such payment, RSAWEB may, without prejudice to any other rights which it may have:
4.7.1. suspend the Customer’s access and use of the Services and Products, in which case RSAWEB reserves the right to continue charging the Customer the minimum amount required to keep the Customer’s account activated for the suspended period; or
4.7.2. terminate this Agreement.
4.8. RSAWEB will use reasonable endeavours to keep the Customer informed about the possibility of disconnection in the case of non-payment.
4.9. Interest will be charged on any amount that remains unpaid by the Customer beyond the due date for payment. The interest rates will be 2% (two percent) above the prime overdraft rate. The interest will be calculated from the due date for payment to the date of actual payment, both days inclusive, and will be compounded monthly in arrears. The Customer agrees and undertakes to pay the interest.
4.10. To the extent that RSAWEB incurs any additional expenditure relating to the tracing and/or collection of unpaid amounts, those costs shall be for the Customer’s account.
4.11. If any changes are proposed to any terms of an agreement between RSAWEB and an FNO and/or any third party supplier, which impacts on the provisions of any Services and Products of this Agreement, or if any changes to this Agreement are necessary because of new and/or amended legislation and/or changes to RSAWEB’s license conditions and/or changes to RSAWEB’s Services and Products and/or fees and charges relating thereto, RSAWEB shall be entitled to amend the terms, fees or charges for the Services and Products at any time on 30 (thirty) days’ notice to the Customer. The Customer agrees however that should the FNO and/or third-party supplier not provide RSAWEB with timeous written notice, or should any other circumstances beyond the reasonable control of RSAWEB occur which does not enable RSAWEB to reasonably have the opportunity to give 30 (thirty) days’ notice, then RSAWEB will provide written notice to the Customer within a reasonable period of time after RSAWEB is so notified. The amendment will take effect on the date indicated in the notice.
4.12. The Customer specifically agrees that it will remain liable to pay RSAWEB for his / her use of the Services and Products, notwithstanding the fact that the Customer does not have access to the premises to which the Services and Products are supplied. Should the Services and Products be supplied to the premises as per the Agreement, the Customer will be liable to pay RSAWEB.
5. CREDIT CHECK
5.1. The Customer hereby consents to:
5.1.1. RSAWEB performing a credit search with a registered credit bureau, and providing personal information to the credit bureau in order for this search to be performed when assessing the Customer’s application for the Services and Products to be provided by RSAWEB and to rely on such information when deciding whether or not to provide the Services and Products to the Customer;
5.1.2. RSAWEB monitoring the Customer’s continued payment behaviour as recorded by a registered credit bureau and to use such information when assessing the continued provision of the Services and Products to the Customer;
5.1.3. RSAWEB recording the Customer’s payment behaviour and, should the Customer continually default in its payments to RSAWEB, to report such behaviour to a registered credit bureau.
6. CUSTOMER’S ACCESS
6.1. Subject to the provisions of this Agreement, RSAWEB will provide the Customer with access to the Services and Products from the Effective Date.
6.2. RSAWEB will issue the Customer with a username and password to allow the Customer access to the Services and Products.
6.3. The Customer agrees that:
6.3.1. the Services and Products will be utilised for his / her own personal use only and therefore the Customer may not share the username and password with other third parties thereby granting them access to the Services and Products;
6.3.2. he/she will maintain the confidentiality of the username and password;
6.3.3. he/she will notify RSAWEB should the username or password be compromised;
6.3.4. he/she is solely responsible for the payment for the Services and Products;
6.3.5. should any persons utilise the Services and Products with the Customer’s authorisation, the Customer is to ensure that such persons comply with the provisions of this Agreement and, in this regard, the Customer agrees that all acts or omissions of persons who utilise the Services and Products under the Customer’s account or with the Customer’s authorisation will be treated, for all purposes, as the Customer’s acts or omissions;
6.3.6. he/she has read and understood RSAWEB’s AUP and FUP and agrees to be bound thereby.
7. THE DELIVERY AND AVAILABILITY OF THE SERVICES AND PRODUCTS
7.1. The Customer agrees that the Services and Products are provided by RSAWEB as a “best-effort” service with no service levels of any nature being offered.
7.2. The Services and Products are provided “as is” or “as available”. RSAWEB does not make any express or implied representations, warranties or guarantees with regard to:
7.2.1. the quality or security of the Services and Products;
7.2.2. the availability of the Services and Products;
7.2.3. the Services and Products being free of errors or interruptions and fit for any purpose;
7.2.4. the Services and Products being secure and reliable.
7.3. RSAWEB will use its best endeavours to notify the Customer in advance of any maintenance or repairs which may result in the unavailability of the Services and Products but cannot guarantee that it will be able to provide such notification timeously or at all.
7.4. Should the Customer experience any faults in the Services and Products, the Customer is to report such fault by logging a support ticket by emailing [email protected].
7.5. Due to the nature of certain Services and Products, RSAWEB cannot guarantee the speed of the Services and Products and best effort will be made by RSAWEB to troubleshoot the Customer’s Services and Products.
8. DATA
8.1. RSAWEB will not be liable for any direct or indirect loss or damage of any kind which the Customer may suffer as a result of the loss of the Customer’s data, or any part thereof, for any reason whatsoever.
9. PROTECTION OF RSAWEB’S SYSTEM
9.1. The Customer agrees that it will not do anything which will compromise the security of RSAWEB’s System or any other network connected to RSAWEB’s System.
9.2. The Customer agrees that it will not do anything which may prejudice RSAWEB’s System and will take all reasonable measures to ensure that:
9.2.1. no unlawful access is gained to RSAWEB’s System;
9.2.2. no Malicious Code is introduced into RSAWEB’s System;
9.2.3. the Customer’s information and data are adequately protected.
9.3. If RSAWEB is of the view that a security violation has occurred or is imminent, RSAWEB may take whatever steps it considers necessary to maintain the proper functioning of the RSAWEB System, including, without limitation:
9.3.1. changing the Customer’s access codes and password; and
9.3.2. preventing the Customer’s access to RSAWEB’s System.
9.4. The Customer agrees that it will provide its full cooperation to RSAWEB in any investigation that may be carried out by RSAWEB regarding a security violation.
10. RICA
10.1. RSAWEB shall not be liable to the Customer for any losses, liabilities, damages, claims, costs or expenses which the Customer may suffer as a result of RSAWEB performing any activity which RSAWEB is obliged to perform in terms of RICA.
11. INTELLECTUAL PROPERTY
11.1. The Customer agrees to comply with all laws applicable to any Intellectual Property Rights in respect of any data accessed, retrieved or stored by the Customer through the use of the Services and Products.
11.2. RSAWEB will wholly and exclusively retain ownership of all existing Intellectual Property Rights and shall become the exclusive and unencumbered owner of all Intellectual Property Rights associated with RSAWEB’s System and the Services and Products.
12. BREACH
12.1. Subject to any other provision contained in the Agreement including clause 3 above, and without prejudice to any other rights which RSAWEB may have, should the Customer breach any provision of the Agreement and fail to rectify the breach within 5 (five) Business Days’ notice thereof (such notice period being dependent on the nature of the breach in question), RSAWEB shall be entitled to:
12.1.1. suspend the Customer’s access to the Services and Products;
12.1.2. cancel the Agreement and thereby terminate the Customer’s access to the Services and Products;
12.1.3. claim immediate performance by Customer of his / her obligations.
12.2. Should RSAWEB suspend or terminate the Services and Products, and the Customer thereafter rectifies its breach, RSAWEB will be entitled to charge the Customer for reconnecting the Services and Products and for any administrative fees associated therewith. The reconnection fee and administrative fee will be payable by the Customer prior to the Services and Products being reactivated. The Customer agrees that it will take up to 3 (three) Business Days for the Services and Products to be reconnected by RSAWEB.
13. JURISDICTION AND GOVERNING LAW
13.1. The law of the Republic of South Africa will apply to this Agreement, its interpretation and any matter or litigation relating to or arising from it, and the Customer and RSAWEB consent to the Courts of the Republic of South Africa to adjudicate any dispute which may arise between them.
14. LIMITATION OF LIABILITY AND INDEMNITY
14.1. RSAWEB will not be liable to the Customer or any third party in respect of any and all damages, loss, claims or costs, of whatever nature and howsoever arising when utilising the Services and Products.
14.2. This clause shall apply to the benefit of RSAWEB, including RSAWEB’s directors, officers, employees, contractors, agents and other representatives.
14.3. RSAWEB does not make or provide any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of any of the Services and Products.
14.4. Without limiting the aforegoing, RSAWEB shall not be liable for and the Customer will have no claim of whatsoever nature against RSAWEB because of:
14.4.1. the loss of or access to any usernames and passwords which the Customer is required to safeguard and not allow unauthorised access, on the understanding that RSAWEB will be entitled to assume that the Customer is the person so using or gaining access to any service or account where the Customer’s username or password is used;
14.4.2. any unauthorised access to the Customer’s Services and Products;
14.4.3. any unavailability of, or interruption in the Services and Products due to an Uncontrollable Event;
14.4.4. any damage, loss, cost or claim which the Customer may suffer or incur due to a suspension or termination of the Services and Products.
14.5. If the CPA is applicable to this Agreement, and any provision of this clause is found by a Court or tribunal with competent jurisdiction over RSAWEB to be unfair, unreasonable or unjust, then that provision (whether it be a word, phrase or sub-clause) will be severed, and the remainder of this clause will have full force and effect.
14.6. To the extent that a competent Court or tribunal or other competent dispute resolution body or authority finally determines, notwithstanding the exclusion contained in this clause, that RSAWEB is liable to the Customer, the Customer agrees that RSAWEB’s liability to the Customer for any damages howsoever arising shall be limited to the amounts paid by the Customer under this Agreement in consideration for the Services and Products during the immediately preceding 12 (twelve) month period.
14.7. The Customer hereby unconditionally and irrevocably indemnifies RSAWEB against any and all loss, damage, claims, liability and / or costs, of whatsoever nature, howsoever and whenever arising, suffered or incurred by RSAWEB because of any claim instituted against RSAWEB by a third party due to the Customer’s use of the Services and Products other than as is allowed in the Agreement or for any other cause whatsoever relating to the Agreement where the Customer has acted wrongfully or negligently.
15. CESSION AND DELEGATION
15.1. The Customer shall not be entitled to:
15.1.1. cede its rights;
15.1.2. delegate its obligations;
15.1.3. assign its rights and obligations, under this Agreement without the prior written consent of RSAWEB.
15.2. RSAWEB shall be entitled to:
15.2.1. cede its rights;
15.2.2. delegate its obligations;
15.2.3. assign its rights and obligations, under this Agreement without the prior written consent of the Customer.
16. AGREEMENT SUBJECT TO CHANGE
16.1. Subject to the provisions of this Agreement, RSAWEB may amend the Agreement, including its charges from time to time, on written notice to the Customer, which written notice may be sent by email to the Customer and/or which notice may be effected by publishing any new version of the Agreement on RSAWEB’s website together with the date on which it will become effective, which will, if reasonably possible, be at least 30 (thirty) days after the date on which it was first published. It will be the Customer’s duty to visit RSAWEB’s website on a regular basis to determine whether any amendments have been made.
16.2. If the Customer does not agree to the amendments, the Customer may cancel the Agreement subject to the cancellation provisions of this Agreement, provided that cancellation must be given to RSAWEB within 30 (thirty) calendar days of the date of notification of any amendments.
17. NOTICES AND DOMICILIA
17.1. For the purpose of giving of notice and the serving of legal process in terms of this Agreement, the Customer and RSAWEB choose a domicilium citandi et executandi (“domicilium”) as follows:
17.1.1. THE CUSTOMER:
17.1.1.1. Address: AS SET OUT IN THE APPLICATION FORM
17.1.1.2. Email: AS SET OUT IN THE APPLICATION FORM
17.1.2. RSAWEB:
17.1.2.1. Address: ____________
17.1.2.2. Email: ____________
17.2. The Customer or RSAWEB may at any time change, by notice in writing, its domicilium to any other address in the Republic of South Africa which is not a post office box or post restante.
17.3. Any notice given in connection with this Agreement shall, save where a particular form of notice is stipulated, be sent by email to the domicilium chosen.
17.4. A notice given as set out above shall be deemed to have been duly given, if sent by email, on the expiration of 24 (twenty-four) hours after the time of transmission.
18. ENTIRE AGREEMENT
18.1. Subject to RSAWEB’s right to amend the Agreement, the Customer and RSAWEB agree that the Agreement constitutes the whole agreement between them and RSAWEB will not be bound by any undertaking, representations, warranties, promises or the like not recorded herein.
18.2. In the event that any terms of the Agreement are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
18.3. If a provision of the Agreement is reasonably capable of an interpretation which would make that provision valid and enforceable and an alternative interpretation that would make it void, illegal, invalid or otherwise unenforceable, then that provision should be interpreted, insofar as is possible, to be limited and read down to the extent necessary to make it valid and enforceable.
19. CUSTOMER’S INFORMATION
19.1. The Customer warrants that, as at the date of signature of the Application Form, all the details furnished by the Customer to RSAWEB are true and correct and the Customer will notify RSAWEB in the event of any change to such details. The Customer accepts that it will be his / her sole responsibility to ensure the provision of accurate and complete information.
19.2. The Customer warrants that he/she is legally capable of entering into a binding contract.
19.3. The Customer consents to RSAWEB processing the Customer’s personal information in order for RSAWEB to provide the Services and Products to the Customer.
20. NO INDULGENCES
20.1. No indulgence, leniency or extension of time which RSAWEB may grant or show to the Customer shall in any way prejudice RSAWEB or preclude RSAWEB from exercising any of its rights in the future.
21. FTTH TERMS AND CONDITIONS
21.1. In the event of a discrepancy between these Terms and Conditions and the FTTH Terms and Conditions, the FTTH Terms and Conditions shall take precedence.