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Your attention is drawn in particular to clauses rendered in bold capitals in these terms. What follows is a summary for your convenience and does not form part of the agreement between you and Afrihost. It is your responsibility to read the clauses referred to:
All terms and definitions have the meanings assigned to them in the Afrihost General Terms and the following terms apply to this document alone:
"Coverage Area" means the latest estimated Telkom, RAIN or Cell C approved coverage area in South Africa (as updated from time to time) and illustrated by the coverage map available at https://www.afrihost.com/landing/fixed_wireless/#fixed-wireless-availability on a daily basis.
"Customer" or “Client” means a South African citizen or a person with a valid passport, 18 years or older.
"Device" means any device approved by Afrihost, Telkom, RAIN or Cell C from time to time;
"General Terms" means Afrihost’s Terms and Conditions available at https://www.afrihost.com/site/page/terms_and_conditions/category/general_terms.
“Monthly Allocation” means the commencement value of the Client’s Data balance at the commencement of each Calendar Month according to the Client’s selected Service package.
"MTN" means MOBILE TELEPHONE NETWORKS (PROPRIETARY) LIMITED Registration No. 1993/001436/07 but may refer to MTN, Mobile Telephone Networks, MTN SA, MTN Group, MTN (PTY) LTD, or any other trading name or subsidiary associated with this entity.
“Promotion” or “Promotion Package” means any promotion or promotion package offered by Afrihost on this Service as further set out in clause 13.
“RAIN” means Rain (Pty) Ltd including its Affiliates, a company registered in accordance with the laws of the Republic or South Africa, with registration number 2004/004890/07;
"Service/s" means the fixed wireless services offered by Telkom, Rain or Cell C within the Coverage Area and will be limited to Data Services only.
“Service Packages” means the data Service Packages offered by Afrihost.
"SIM-Card" or “SIM” the Subscriber Identity Module allocated to a user to gain access to the network and has the meaning given to it in RICA.
"Telkom" Telkom SA SOC Limited, a listed company duly incorporated in the Republic of South Africa, with registration number 1991/05476/30 and with its registered office at Telkom Park, 61 Oak Avenue, Highveld, Techno Park, Centurion 0157
“Top-up” means to purchase additional services from the service provider such as Airtime or Data.
IN ADDITION TO AFRIHOST’S ACCEPTABLE USE POLICY AND GENERAL TERMS, THE CLIENT MUST COMPLY WITH APPLICABLE UPSTREAM PROVIDER'S TERMS SUCH AS:
RAIN’S TERMS AND CONDITIONS (AVAILABLE AT https://www.rain.co.za/#/terms-and-conditions OR OTHERWISE AS PUBLISHED BY RAIN FROM TIME TO TIME), WHICH ARE INCORPORATED BY REFERENCE INTO THIS AGREEMENT.
CELL C'S TERMS AND CONDITIONS (AVAILABLE AT https://www.cellc.co.za/cellc/terms-conditions OR OTHERWISE AS PUBLISHED BY CELL C FROM TIME TO TIME), WHICH ARE INCORPORATED BY REFERENCE INTO THIS AGREEMENT.
TELKOM'S TERMS AND CONDITIONS (AVAILABLE AT https://www.telkom.co.za/about_us/regulatory/terms-and-conditions.shtml) OR AS OTHERWISE PUBLISHED BY TELKOM FROM TIME TO TIME, WHICH ARE INCORPORTATED BY REFERENCE INTO THIS AGREEMENT.
MTN'S TERMS AND CONDITIONS (AVAILABLE AThttps://www.mtn.co.za/Pages/Termsandconditions.aspx"> https://www.mtn.co.za/Pages/Termsandconditions.aspx) OR AS OTHERWISE PUBLISHED BY MTN FROM TIME, WHICH ARE INCORPORATED BY REFERENCE INTO THIS AGREEMENT.
Afrihost does not have direct control of the Telkom, RAIN, MTN or Cell C broadband network in terms of network shaping policies and protocol priority.
RAIN manages traffic by prioritising real time traffic, such as video streaminig, voice and web browsing, over non-real time traffic, such as large file downloads and torrents. Traffic management is managed exclusively by RAIN, particularly during busy periods which may occur between 18h00 and 23h00.
Clients may not resell any Afrihost Services to third parties.
Afrihost may offer a SIM only subscription package, at it's discretion. Afrihost may also require that a service subscription include a device, to be purchased in full, purchased at a discounted rate, or issued at no charge (but subject to a cancellation fee as contemplated in Section 16).
If a Client sells or in any manner provides an activated SIM to any other person who is not a family member, then the Client must immediately notify Afrihost so that the RICA process can be carried out for that other person.
RICA can be performed upon receipt of a SIM at Afrihost’s Walk-In Centre, by Afrihost’s delivery agent, or through an authorised RICA agent (for non-Afrihost SIMs).
Clients will be presumed to have visited Afrihost’s RICA Information page on how the RICA process works and what documents are acceptable. (https://www.afrihost.com/site/page/rica_information).
All Devices used for RAIN Fixed Wireless must be fixed Devices and cannot use batteries to operate.
All Devices issued by Afrihost will be subject to Afrihost’s Device Warranty and Refunds Policy.
Afrihost reserves the right to substitute devices supplied as part of any promotion, where the device is discounted or free of charge. Afrihost will make every effort to ensure that substitute devices are of fair equivalent value. Afrihost may, at it's discretion, substitute a device after an order is placed, based on sotck availability and any fluctuatiions which may affect it's ability to provide a previously advertised device.
Late delivery or unavailability of stock will not constitute non-delivery of Service if the Client takes delivery of the SIM card.
CELL C FIXED WIRELESS SERVICES, ONCE ACTIVATED, WILL BE LIMITED TO CERTAIN LOCATIONS, AS DETERMINED BY CELL C UPON ACTIVATION. CLIENTS WILL NOT BE ABLE TO USE THEIR DATA OUTSIDE OF THEIR FIXED LOCATION (WITHIN REASONABLE DISTANCE OF THE ACTIVATION AREA).
TELKOM FIXED WIRELESS SERVICES ARE ONLY CERTIFIED FOR THE FOLLOWING DEVICES:
Use of non-approved or non-certified devices may result in inability to connect or degraded service experience. Clients using such devices do so at their own risk, and Afrihost assumes no liaibility should such usage result in an unsatisfactory service experience.
MTN FIXED WIRELESS SERVICES, ONCE ACTIVATED, WILL BE LIMITED TO LOCATIONS WITHIN COVERAGE OF THE CLOSEST ACTIVE TOWER WHICH IS PURPOSED FOR FIXED LTE SERVICE.CLIENTS WILL NOT BE ABLE TO USE THEIR DATA OUTSIDE OF THEIR FIXED LOCATION (WITHIN REASONABLE DISTANCE OF THE ACTIVATION AREA).
MTN FIXED WIRELESS SERVICES WILL BE RESTRICTED TO DEVICES WHICH ARE PERFORMANCE RATED AS DETERMINED BY MTN FROM TIME TO TIME. AT PRESENT, THE DEVICES OFFICIALLY RECOMMENDED FOR OPTIMAL PERFORMANCE ARE:
In the case of lost, stolen or destroyed SIM cards, it is the Client’s responsibility to do the following:
Failure to notify the correct authorities of the loss of a SIM may result in criminal charges against the Client.
A Client using a SIM card obtained from Afrihost agrees that it will not use (or allow another to use) the network services, including the SIM card, for any improper or unlawful purpose, in a manner which may cause injury or damage to persons or property or which may impair or interrupt the network.
Clients may only use Apparatus approved by ICASA on the network (please see http://www.icasa.org for more details). Clients further agree that they will not (or allow another to) alter, modify or tamper with the software contained in, or relating to, any SIM card. Afrihost reserve the right to block any SIM or Apparatus from operating on the network.
If the SIM card has been destroyed due to the PUK number being entered incorrectly more than 9 (nine) times, user negligence, or any other reason, Afrihost will not be under any obligation to replace the SIM card free of charge.
Services are only available upon activation of the SIM by the network provider. Such activation may take up to 72 hours from the date of delivery. Such activation is not within the control of Afrihost, and therefore Afrihost cannot be liaible for any delays or costs that such delay may incur to the client.
Clients can purchase Data via the Afrihost ClientZone.
Afrihost will not default a Client onto out-of-bundle data charges upon depletion of the Client’s data bundles.
The Client consents to Afrihost allocating the Client’s Monthly Allocation and setting up threshold usage notifications.
Fixed Wireless products cannot be used in conjunction with other promotions or benefit programmes, such as Afrihost Plus+.
Packages cannot be changed during the month. All package changes are queued for the 23h59 on the final day of the month, regardless of whether the package is changed to a smaller or larger package.
Any package change can only be effected where the desired package is live and active on Afrihost's website. Afrihost is under no obligation to offer packages which are no longer live or active. Should a client change their package, they forfeit the ability to re-instate such package should it no longer be offered.
Telkom packages are offered as made available from Telkom. When a client subscribes to a package, the package will be guaranteed to remain as is for a minimum of 24 months (including the month that the service was initiated). However, should the product be discontinued by Telkom, clients will be required to select an equivalent package as offered by Telkom at the time. Afrihost has no control over what offers will be available at such time.
Telkom wireless packages may only be changed in ClientZone on one (1) occassion within a three (3) month calendar period. Package changes are submitted at the end of the month, and become effective at 23h59. The effective date of the package change (and not the date of request) initiates the 3 month period, during which no package changes are possisible until the period expires.
Downgrades of Telkom Fixed Wireless packages will result in a R499 dowgrade fee, payable on the 1st day of the new month when the new package becomes effective.
In the case of lost, stolen or destroyed SIM cards, it is the Client’s responsibility to do the following:
If the Client’s Data balance (as the case may be) falls below a minimum threshold the account will automatically be Topped-up by a certain increment. The minimum threshold and the Top-up increment will be as published on the Afrihost Website from time to time.
The aggregate of automatic Top-ups made any Calendar Month may be set by Afrihost (for security purposes).
Any unused Top-up Data shall be forfeited at 23h59 on the expiry date.
The minimum threshold may also be used for threshold usage notifications to be sent by Afrihost to the Client.
Clients can enable or disable automatic Top-up for Data via the Afrihost ClientZone.
A Top-up may be subject to different terms and conditions and any pricing or promotions applicable to the monthly purchased package may not necessarily apply to the Top-up.
Clients using existing SIMs issued by Telkom, RAIN, MTN, Cell C or other authorised distributors may have access to other APN settings. Clients will be responsible for choosing the appropriate APN for use on their Apparatus which will allow them to make use of the Service.
IF THE CLIENT DOES NOT ENTER THE CORRECT APN IT MAY BE UNABLE TO ACCESS THE SERVICE, AND AFRIHOST WILL NOT BE RESPONSIBLE FOR ANY DATA LOST BY THE CLIENT AS A RESULT.
Clients confirm that Telkom, RAIN, MTN and/or Cell C may supply Afrihost with collected data and that all information supplied to Afrihost by Telkom, RAIN, MTN and/or Cell C is correct and up to date.
If the Agreement terminates for any reason, the above consent will automatically be removed and Afrihost will no longer access the personal information as described above, subject to any residual rights to process such personal information that Afrihost may have in law.
Afrihost may limit the number of signups for any Promotion Package at any time (or on a case by case basis).
Afrihost may end the Promotion without notice and is not obliged to offer the Promotion to new Clients should it end the Promotion and remove reference to the Promotion from its marketing (even if the Promotion was initially intended to run until a later date).
SHOULD ANY CLIENT ON A PROMOTION PACKAGE (EITHER THE FREE/DISCOUNTED DEVICE OR THE FREE DATA PACKAGE) CANCEL THEIR SERVICE WITHIN 6 (SIX) CALENDAR MONTHS AFTER SIGNING UP IN TERMS OF SECTION 14(2)(b) OF THE CPA, THEY WILL BE SUBJECT TO A FIXED CANCELLATION FEE OF R999 (NINE HUNDRED AND NINETY-NINE RAND). AFRIHOST WILL NOT ACCEPT THE RETURN OF USED DEVICES IN LIEU OF THE FEE BEING LEVIED. NON-PAYMENT OF THE CANCELLATION FEE WILL BE VIEWED AS A BREACH OF CLAUSE 10 OF AFRIHOST’S GENERAL TERMS (PAYMENT AND PENALTIES) AND THE PROVISIONS OF THOSE TERMS WILL BE ENFORCED.
Notwithstanding the terms and conditions of clause 12.1 of the General Terms, should a Promotional Package described in this clause 13 apply to the Services, the agreement will be treated as a fixed-term agreement under the provisions of section 14(1) of the CPA and section 14(3) of the CPA will apply.
Use of the Afrihost Fixed Wireless product does not automatically qualify clients for promotions run by Telkom, RAIN, MTN or Cell C directly. In general, any promotion, competition, special or discount offered directly by Telkom, RAIN, MTN or Cell C will have no bearing upon Afrihost's clients, unless explicitly stated by Afrihost.
Incomplete RICA or failure to produce documents upon reasonable request; or
Instruction from ICASA or other statutory or governing body;
SERVICE INTERRUPTION OR FAILURE FOR ANY REASON WHATSOEVER (INCLUDING INTERRUPTION TO DATA USAGE AND SUSPENSION OF SERVICES FOR MAINTENANCE ON THE NETWORK);
MODIFICATION, SUSPENSIONS OR DISCONTINUATION OF SERVICES, VALUE ADDED SERVICES OR PRODUCT FEATURES BY TELKOM, RAIN, MTN OR CELL C;
FAILURE TO REPORT A LOST, STOLEN OR DAMAGED SIM CARD AS REQUIRED;
INCORRECT OR OUT OF DATE INFORMATION PROVIDED BY THE CLIENT TO AFRIHOST, RAIN, TELKOM, MTN OR CELL C;
ERROR, DELAY, FAILURE OR NON-AVAILABILITY OF THE SERVICE AND ANY LOSS OR DAMAGE WHICH MAY RESULT FROM USE OR POSSESSION OF A SIM, OR USE OF THE NETWORK.