All terms and definitions have the meanings assigned to them in the Afrihost general terms and the following terms apply to this document alone:
- “Calendar month” means the period from the 1st day of a month to the last day of that month.
- “CPA” means the Consumer Protection Act No. 68 of 2002.
- “CPE” means the client-premises equipment that is used by the client to connect to the Telkom or MTN network.
- "Coverage area" means the latest estimated Telkom or MTN approved coverage area in South Africa (as updated from time to time) and illustrated by the coverage map available at https://www.afrihost.com/lte or https://www.afrihost.com/5g on a daily basis.
- “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 or MTN from time to time;
- "General Terms" means Afrihost’s Terms and Conditions available at https://www.afrihost.com/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.
- "Service/s" means the fixed wireless services offered by Telkom or MTN 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.
- These terms and conditions, together with the general terms govern the use of all of the Afrihost Fixed Wireless services.
- 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.
03. Service descriptions.
- Afrihost will provide data provided by Telkom or MTN to clients as best effort services on the terms set out in this agreement.
- IN ADDITION TO AFRIHOST’S ACCEPTABLE USE POLICY AND GENERAL TERMS, THE CLIENT MUST COMPLY WITH APPLICABLE UPSTREAM PROVIDER'S TERMS SUCH AS:
- TELKOM'S TERMS AND CONDITIONS (AVAILABLE AT https://www.telkom.co.za/about...) OR AS OTHERWISE PUBLISHED BY TELKOM FROM TIME TO TIME, WHICH ARE INCORPORATED 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/Te...) 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, or MTN broadband network in terms of network shaping policies and protocol priority.
- Clients may not resell any Afrihost Services to third parties.
- Afrihost may offer a SIM only subscription package, at its 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).
04. Clients as natural persons.
- 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.
05. Identity Verification Requirements (RICA).
- Use of the services is subject to ID verification and / or proof of address, required by RICA, and will not be provided before such a 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.
- 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.
- 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/page/...).
06. Fixed devices and locations.
- Afrihost will procure devices approved and specified by Telkom or MTN for providing the services to the client.
- 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.
- 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 its discretion, substitute a device after an order is placed, based on stock availability and any fluctuations which may affect its 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.
- 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 liability should such usage result in an unsatisfactory service experience.
- TELKOM FIXED WIRELESS SERVICES ARE ONLY CERTIFIED FOR THE FOLLOWING DEVICES:
- Huawei B525
- Huawei B311
- 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 LTE 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:
- BILLION: BiPAC 8206 AZ
- HUAWEI: 5G CPE PRO 2, B2368 (-22, -57, -66), B525S (-23A,65A, -95A), B535-932, B612 (-233, -533), B612S (-25D, -51D, -52D), B618S (-22D, -65D, -66D), B818-263
- MIKROTIK: Chateu LTE12
- TP-LINK: Archer MR600 (EU) 2.0
- VIDA: CPE4000-PLUS, CPE4000-PRO
- ZTE: 5G CPE MC801A, MF286 (A, C, C1, D, R)
- ZYXEL: LTE7460, LTE7480-M804
- BILLION: BiPAC 8206 AZ
- MTN FIXED 5G 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:
- HUAWEI: 5G CPE Pro 2
- ZTE: 5G CPE MC801A
07. SIM cards.
- The client is required to insert an appropriate SIM card into the apparatus in order to make use of the service.
- Telkom or MTN will provide the SIM cards to be used and these will be provided as part of the package by Afrihost.
- Clients must ensure that SIMs are used in suitable and compatible devices, 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.
- 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.
- In the case of lost, stolen or destroyed SIM cards, it is the client’s responsibility to do the following:
- Notify Afrihost directly of the loss of the SIM immediately.
- Notify the South African Police Services of the loss within 24 hours.
- 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 reserves 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 liable for any delays or costs that such delay may incur to the client.
08. Allocation of data.
- Clients will be allocated a monthly amount of data (bandwidth) each month in accordance with their selected service package.
- 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 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 reinstate such a 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) occasion 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 possible until the period expires.
- Downgrades of Telkom Fixed Wireless packages will result in a R499 downgrade fee, payable on the 1st day of the new month when the new package becomes effective.
- All Uncapped LTE packages are subject to a monthly threshold of 1TB. Once you’ve reached your monthly data limit, your connection speed will be limited to 1Mbps for the remainder of the month.
09. Transfer of data.
- Transfer of data is only available between Afrihost clients. Afrihost will be under no obligation to transfer data to external users. Transfer required the ClientZone username of the recipient.
- Transfer of data is only available between identical product types. Afrihost will not be obliged to effect transfer where the properties of the transfer product are not compatible with the requested destination product.
- Data will be eligible for transfer during both the Initial and rollover periods. However, once expired, data will no longer be eligible for transfer.
- Transfer of data is only possible between active accounts. Should either account be suspended, terminated or in any other ineligible state - transfer is not possible. Accounts which are active, but not in good standing, may be determined to be ineligible for transfer at Afrihost’s sole discretion.
- Data can only be transferred once, from the initial user to the initial recipient. Thereafter, data is no longer eligible for transfer.
- Once transferred, transfers may not be reversed.
- Afrihost will effect transfers in increments determined by Afrihost. The incremental amount will both serve as a minimum transfer amount, and then as incremental amounts in which data may be transferred. For mobile data, the minimum and incremental amount is 512MB. Hence the minimum amount for a transfer is 512MB, and thereafter can only be transferred in increments of 512MB until a maximum value is reached in relation to the total amount of data available for transfer by the initial user.
- Transfer of data is only offered insofar as it is supported by the upstream operator (such as Telkom or MTN). Should a network operator not support transfer of data or top ups, Afrihost will not be bound to provide such options until such time as the operator becomes compliant, and Afrihost will not be held liable for such failure to comply with relevant legislation.
10. Rollover of data.
- Afrihost data is valid until the end of the month of purchase. This is referred to as the “initial period”.
- The initial period will be from the date of purchase, until the end of that calendar month. The initial period will not exceed 31 days.
- Afrihost will rollover unused data (where possible, with reference to 10.11) for an additional calendar month proactively. This is referred to as the “rollover period”.
- The rollover period will not exceed 31 days.
- Rollover of data will not require any action on the part of the client, and is performed by Afrihost on the client’s behalf as a courtesy.
- Should data not be automatically rolled over, the onus rests on the client to alert Afrihost to effect rollover.
- Clients will not be eligible for further rollover of data once the rollover period has elapsed.
- 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.
- Clients who request a package change will forfeit any rolled over data from their previous package.
- 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.
- Rollover of data is only offered insofar as it is supported by the upstream operator (such as Telkom or MTN). Should a network operator not support rollover of monthly data or top ups, Afrihost will not be bound to provide such options until such time as the operator becomes compliant, and Afrihost will not be held liable for such failure to comply with relevant legislation.
- Afrihost offers a notification facility for all capped data products. This facility is available in ClientZone.
- Clients will be opted-in to notifications by default, in line with relevant legislation.
- Clients may opt-out or customise notifications in ClientZone, and thereafter there will be no obligation or liability on the part of Afrihost should a client not receive such information due to the settings they have chosen.
- Afrihost will make every effort to deliver notifications as quickly and accurately as possible. However, Afrihost cannot be held liable for delivery delays or failures that may occur due to external forces outside of their control, such as mobile networks or email providers. Where Afrihost has made a reasonable effort to effect delivery, they will be deemed to have fulfilled their obligation.
- The onus is on clients to check their notification settings and amend as required in ClientZone.
- Notifications are only offered insofar as it is supported by the upstream operator (such as Telkom or MTN). Should a network operator not provide consistent or regular notifications, Afrihost will not be bound to provide such options until such time as the operator becomes compliant, and Afrihost will not be held liable for such failure to comply with relevant legislation.
12. Topping up of data.
- 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.
- 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.
- 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.
13. Access Point Name (APN).
- 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.
- Clients may be restricted to using certain APN settings.
- Clients using existing SIMs issued by Telkom, MTN 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.
14. Client information processing.
- Clients confirm that Telkom and/or MTN may supply Afrihost with collected data and that all information supplied to Afrihost by Telkom and/or MTN 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.
15. Coverage and signal availability.
- SERVICES WILL ONLY WORK IN THE COVERAGE AREA AND TELKOM, RAIN, MTN AND CELL C WILL PROVIDE COVERAGE ON A REASONABLE ENDEAVOURS BASIS.
- 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.
- Fixed Wireless service is separate from their other mobile data services that may be offered by an upstream provider. The ability to receive coverage for other services will not, in any way, indicate Fixed Wireless coverage. The Coverage Map. Fixed Wireless is a LTE and LTE-A only service - other mobile services (such as 3G or GPRS) are not available on this product.
- 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.
- 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 or MTN directly. In general, any promotion, competition, special or discount offered directly by Telkom or MTN will have no bearing upon Afrihost's clients, unless explicitly stated by Afrihost.
- 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.
- 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.
18. Further terms.
- 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.
19. Suspension / disconnection.
- In addition to the grounds for suspension or termination of Service set out in the general terms, Telkom or MTN may themselves suspend or cancel any SIM on the their networks in the case of violation of Telkom or MTN’s Terms and Conditions of Service or Acceptable Usage Policy as set out in those documents.
- Note in particular that the services may be suspended or terminated for the following reasons:
- Technical failure (suspension only);
- Maintenance or remedial work (suspension only);
- Incomplete RICA or failure to produce documents upon reasonable request; or
- Instruction from ICASA or other statutory or governing body;
- IN THE CASE OF SUSPENSION, CLIENTS WILL BE LIABLE FOR ANY REASONABLE SERVICE, ADMIN OR RECONNECTION FEES CHARGED BY RAIN, TELKOM, MTN, CELL C 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.
20. Limitation of liability.
- 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:
- 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 OR MTN;
- FAILURE TO REPORT A LOST, STOLEN OR DAMAGED SIM CARD AS REQUIRED;
- INCORRECT OR OUT OF DATE INFORMATION PROVIDED BY THE CLIENT TO AFRIHOST, TELKOM OR MTN;
- 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.