Terms & Conditions

Definitions:

All terms and definitions have the meanings assigned to them in the Afrihost General Terms and the following terms apply to this document alone:

1. “Calendar Month” means the period from the 1st day of a month to the last day of that month.
2. “CPA” means the Consumer Protection Act No. 68 of 2002.
3. “CPE” means the client-premises equipment that is used by the Client to connect to the RAIN network.

4. "Coverage Area" means the latest estimated RAIN 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/rain_fixed_wireless/#fixed-wireless-availability on a daily basis.

5. "Customer" or “Client” means a South African citizen or a person with a valid passport, 18 years or older.

6. "Device" means any device approved by RAIN from time to time;

7. "General Terms" means Afrihost’s Terms and Conditions available at https://www.afrihost.com/site/page/terms_and_conditions/category/general_terms.

8. “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.

9. “Promotion” or “Promotion Package” means any promotion or promotion package offered by Afrihost on this Service as further set out in clause 13.

10. “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;

11. "Service/s" means the fixed wireless services offered by Rain within the Coverage Area and will be limited to Data Services only.

12. “Service Packages” means the data Service Packages offered by Afrihost.

13. "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.

14. “Top-up” means to purchase additional services from the service provider such as Airtime or Data.

General

1. These terms and conditions, together with the General Terms govern the use of all of the Afrihost Fixed Wireless Services.
2. By contracting with Afrihost for the services the Client will be lawfully regarded as having agreed to their use of the Services specified being governed by this Agreement.

Service Descriptions

1. Afrihost will provide Data provided by RAIN to Clients as best effort Services on the terms set out in this Agreement.

2. Clients can either purchase a SIM Only Package or a package that includes a Device.

3. IN ADDITION TO AFRIHOST’S ACCEPTABLE USE POLICY AND GENERAL TERMS, THE CLIENT MUST COMPLY WITH 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.

4. Afrihost does not have direct control of the RAIN broadband network in terms of network shaping policies and protocol priority. 

5. 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.

6. Clients may not resell any Afrihost Services to third parties.
    

Clients as Natural Persons

1. Afrihost (and any of its agents) can only perform RICA checks on natural persons (individuals), and as a result the Agreement for provision of the Service will always be with a natural person. Afrihost assumes that the Client will apply for and make use of the Service in its capacity as a natural person, and not as the representative of a juristic person (such as a company). The Client will be personally responsible for its use of the Service and all obligations under this Agreement.

Identity Verification Requirements

1. Use of the Services is subject to ID verification and / or proof of address, required by RICA, and will not be provided before such process has been completed to Afrihost’s satisfaction. Clients are required to present their original valid Identity Document, as well as a clear, legible copy. Non-South African citizens may submit a copy of their valid Passport along with supporting documents upon request. Verification documents must contain photo identification. Failure to produce ID verification for an account will result in the product not being activated or handed over, regardless of any pro-rata amounts billed.
2. Should the Client cancel all current valid Data Services, ID verification will be required to sign up for new Services. ID verification will not be requested as long as verified Data Services remain active.

3. 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.

4. 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).

5. 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).

Devices

1. Afrihost will procure Devices approved and specified by RAIN for providing the Services to the Client.
2. Should Afrihost procure warranties for CPE Devices from the Device vendor it will pass such warranties on to the Client. Once the Client takes delivery of the Device, the risk and ownership thereof will pass to the Client.
3. FIXED WIRELESS SERVICES WILL BE LIMITED TO CERTAIN DEVICES, AS APPROVED AND SPECIFIED BY RAIN. CLIENTS MUST ENSURE THAT THEY HAVE COMPATIBLE DEVICES BEFORE ENGAGING THE SERVICE.
4. The approved CPEs compatible with the Services are as follows:
   •Huawei B315
   •Huawei B618
   •Huawei B2338
   •ZTE MF253
   •ZTE MF283+
   •ZTE MF286
   •TP Link MR200

5. RAIN reserves the right to modify the approved CPE list and Afrihost will give the Client 4 (four) months’ notice thereof should it affect the Client in any way.

6. All Devices must be fixed Devices and cannot use batteries to operate.

7. All Devices issued by Afrihost will be subject to Afrihost’s Device Warranty and Refunds Policy.

8. Late delivery or unavailability of stock will not constitute non-delivery of Service if the Client takes delivery of the SIM card.

SIM Cards

1. The Client is required to insert an appropriate SIM Card into the Apparatus in order to make use of the Service.
2. RAIN will provide the SIM Cards to be used and these will be provided as part of the package by Afrihost.
3. Clients must ensure that SIMs are used in suitable and compatible Device, and are only used as intended by the manufacturer of the SIM and Apparatus. Afrihost will not be liable for any claims made as a result of misuse or abuse of SIM cards resulting in loss of access to service or loss of Data.
4. Risk in SIMs passes to Clients on delivery of the SIM to Clients, who are solely responsible for the care and safekeeping of SIM cards issued to them.

5. In the case of lost, stolen or destroyed SIM cards, it is the Client’s responsibility to do the following:

   1. Notify Afrihost directly of the loss of the SIM immediately.
   2. Notify the South African Police Services of the loss within 24 hours.

6. Failure to notify the correct authorities of the loss of a SIM may result in criminal charges against the Client.

7. 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.

8. 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.

9. 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.
    

Allocation of Data

1. Clients will be allocated a monthly amount of Data (bandwidth) each month in accordance with their selected Service Package.

2. Clients can purchase Data via the Afrihost ClientZone.

3. Afrihost will not default a Client onto out-of-bundle data charges upon depletion of the Client’s data bundles.

4. The Client consents to Afrihost allocating the Client’s Monthly Allocation and setting up threshold usage notifications.

5. Fixed Wireless products cannot be used in conjunction with other promotions or benefit programmes, such as Afrihost Plus+.
    

Rollover of Data

1. Any unused Monthly Allocation of data will be rolled over on the last day of that month and be available for use in the following Calendar Month.

2. Data will first be consumed from the rolled over data, before using the new Monthly Allocation or any newly purchased data in the same month..

3. Data will only be rolled over once, and will expire at the end of the rollover period (which is the end of the following Calendar Month).

4. Clients who request a package change will forfeit any rolled over data from their previous package.

5. Top-ups of data will expire after 30 (THIRTY) days (from date of purchase) and will not roll over, unless the expiry date falls in a consecutive month, e.g. a Top-up purchased on 15 December will expire on 15 January.

Topping Up of Data

1. IF THE CLIENT EXHAUSTS THE PURCHASED DATA OR REACHES THE FIXED CAP, THE CLIENT WILL BE HARD-CAPPED. THIS MEANS THAT NO FURTHER ACCESS WILL BE PROVIDED THEREAFTER.
2. Clients can manually Top-up via the Afrihost Channel. There is no limit to the aggregate of manual Top-ups that a Client may perform during a Calendar Month.

3. In the case of lost, stolen or destroyed SIM cards, it is the Client’s responsibility to do the following:

   1. 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.

4. The aggregate of automatic Top-ups made any Calendar Month may be set by Afrihost (for security purposes).

5. Any unused Top-up Data shall be forfeited at 23h59 on the expiry date.

6. The minimum threshold may also be used for threshold usage notifications to be sent by Afrihost to the Client.

7. Clients can enable or disable automatic Top-up for Data via the Afrihost ClientZone.

8. 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.

Access Point Name

1. Clients must enter the correct Access Point Name (APN) in their Apparatus to make use of the Service. Afrihost will notify Clients of the appropriate APN.
2. Clients may be restricted to using certain APN settings.

3. Clients using existing SIMs issued by RAIN 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.

4. 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.

Client Information Processing

1. By making use of a SIM card obtained from Afrihost, Clients consent to the data collection, use and sharing practices described in the RAIN Privacy Policy, which can be viewed at https://www.rain.co.za/#/terms-and-conditions.

2. Clients confirm that RAIN may supply Afrihost with collected data and that all information supplied to Afrihost by RAIN is correct and up to date.

3. 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.

Coverage and Signal Availability

1. SERVICES WILL ONLY WORK IN THE COVERAGE AREA AND RAIN WILL PROVIDE COVERAGE ON A REASONABLE ENDEAVOURS BASIS.
2. Delivery of Fixed Wireless Services is dependent on signal availability and demand for services in any particular area. Afrihost does not warrant or guarantee service for any specific areas, whilst every effort will be made to give Clients an indication of possible service (via the Coverage Map). Afrihost accepts no liability should the aforementioned map differ to actual Service experienced.
    

Promotions

1. Afrihost may offer a zero-rated or discounted Fixed Wireless Device or 1 (one) Month free Data on any SIM Only Package upon a Client signing-up for specific Promotion Packages relating to this Service. This offer is subject to stock availability.

2. Afrihost may limit the number of signups for any Promotion Package at any time (or on a case by case basis).

3. 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).

4. 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.

5. 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.

Payment

1. All payments of Services will be as agreed on with the Client and will be payable in terms of clause 10 of Afrihost’s General Terms (payment and penalties) and the provisions of those terms will be enforced.
2. Billing to Clients for Services will be at the beginning of each month, excluding the billing for any Top-ups requested by the Client which are paid for when bought.

Further Terms

1. Any further terms relating to this Service which are published via other mediums (such as on packaging) will form part of these terms and conditions and will be binding on the Client and Afrihost.

Suspension/Disconnection

1. In addition to the grounds for suspension or termination of Service set out in the General Terms, RAIN may itself suspend or cancel any SIM on the RAIN network in the case of violation of RAIN’s Terms and Conditions of Service or Acceptable Usage Policy as set out in those documents.
2. Note in particular that the Services may be suspended or terminated for the following reasons:
   1. Technical failure (suspension only);
   2. Maintenance or remedial work (suspension only);

   3. Incomplete RICA or failure to produce documents upon reasonable request; or

   4. Instruction from ICASA or other statutory or governing body;

3. IN THE CASE OF SUSPENSION, CLIENTS WILL BE LIABLE FOR ANY REASONABLE ADMIN OR RECONNECTION FEES CHARGED BY RAIN OR BY AFRIHOST (AS PER SECTION 10 OF AFRIHOST’S GENERAL TERMS), AND MAY NOT BE ABLE TO ACCESS SERVICES UNTIL SUCH FEES ARE SETTLED IN FULL WITH BOTH PARTIES.
    

Limitation of Liability

1. IN ADDITION TO THE LIMITATIONS ON LIABILITY AND INDEMNITIES SET OUT IN THE GENERAL TERMS, AFRIHOST WILL NOT BE LIABLE FOR, AND THE CLIENT AGREES TO INDEMNIFY AND HOLD AFRIHOST HARMLESS AGAINST LOSS CAUSED BY OR RELATED TO:

   1. SERVICE INTERRUPTION OR FAILURE FOR ANY REASON WHATSOEVER (INCLUDING INTERRUPTION TO DATA USAGE AND SUSPENSION OF SERVICES FOR MAINTENANCE ON THE NETWORK);

   2. MODIFICATION, SUSPENSIONS OR DISCONTINUATION OF SERVICES, VALUE ADDED SERVICES OR PRODUCT FEATURES BY RAIN;

   3. FAILURE TO REPORT A LOST, STOLEN OR DAMAGED SIM CARD AS REQUIRED;

   4. INCORRECT OR OUT OF DATE INFORMATION PROVIDED BY THE CLIENT TO AFRIHOST OR RAIN;
      OR

   5. 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.

Revision History

These terms were last updated 18 Jul, 2018. You can view other versions below.

• Revision 10 Oct, 2019
• Revision 19 Mar, 2019
• Revision 03 Mar, 2019
• Revision 06 Aug, 2018