General
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; and
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; and
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 (subject to clause 3.6 below):
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 ticket
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 logging a ticket;
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 (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 ticket
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 elect to cancel the Agreement at any time after the Acceptance Date, the Customer will be liable to RSAWEB for the greater of the following amounts (unless otherwise expressly agreed in writing):
3.5.1 a cancellation processing fee in the amount of R999.00 (Nine Hundred and Ninety Nine Rand); or
3.5.2 all setup fees incurred by RSAWEB.
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 in clause 3.4, 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 and, should the Customer fail to rectify the breach within such reasonable period, RSAWEB may terminate the Agreement with immediate effect.
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.
Debit Order Terms
Debit Order Mandate (DebiCheck)
This mandate applies to and is binding on any Customer who chooses to pay for RSAWEB services by EFT Debit Order. This mandate ensures compliance with the South African Reserve Bank (SARB) and the Payments Association of South Africa (PASA) rules for EFT debit orders, having come into effect October 2021.
DebiCheck prevents debit order abuse. Through DebiCheck, allow your bank to confirm the debit order with you before the debit order transaction is processed. For more information on this, visit the DebiCheck website (www.debicheck.co.za).
4.5 Mandate for debit order
4.5.1 To process EFT debit orders securely and effectively RSAWEB has partnered with a third-party partner, Netcash (Pty) Ltd, a registered Systems Operator and Third-Party Payments Provider with PASA (Registration number SO001051) and registered with the FSCA and the Security Standards Council. For more information visit: www.netcash.co.za.
4.5.2 The Customer hereby consents and authorises RSAWEB/ Netcash (the Collectors of the debit order) to collect as specified in terms of this agreement, the amount stated, at the date specified and from the Customer’s Bank Account details.
4.5.3 The Collectors information, “RSAWEB” and/ “NETCASH” will reflect as part of the debit order transaction reference in the Customers bank statement once the debit order is processed.
4.5.4 By accepting these Terms and Conditions, the Customer permits RSAWEB and by extension assigns the DebiCheck mandate to Netcash (Pty) Ltd to collect the debit order as per this Agreement.
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; and
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.
4.13 In the event of a billing failure and the Customer’s failure to make a timely payment for Services and Products, RSAWEB reserves the right to backbill the Customer for any outstanding amounts. The Customer will have the same duration as the backbilling period to settle the outstanding balance. RSAWEB will make reasonable efforts to notify the Customer of any backbilling situations, offering an opportunity to address outstanding payments within the specified backbilling period.
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; and
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; and
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 ticket.
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; and
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; and
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 5 (five) 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; and
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; and
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; and
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 1 (one) calendar months’ notice.
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: 76 Regent Road, Suite 401, The Point
17.1.2.2. Email: [email protected]
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.
22. MARKETING CONSENT
22.1. By accepting these Terms and Conditions, you agree to receive marketing communications from RSAWEB about new products, services, and promotions via email, SMS, or other digital channels. You may opt out at any time by using the unsubscribe link or opt-out request in any marketing message or by contacting us at [email protected].
22.2. Opting out of marketing communications does not affect service-related messages or the provision of services. For further details on how we handle personal data, please see our Privacy Policy.
Acceptable usage policy and fair usage policy
To view or download our Acceptable Usage Policy and Fair Usage Policy, please click here
To view or download our Acceptable Usage Policy and Fair Usage Policy, please click here
Fibre to the Home | Month to Month
1. TERMS AND CONDITIONS
1.1. The provision of the FTTH Services and Products by RSAWEB to the Customer shall be subject to the provisions of the Agreement. These services are available for residential use only and cannot be used for business connectivity.
2. DEFINITIONS
2.1. The definitions contained in clause 1 of the General Terms and Conditions, and further definitions which may be provided elsewhere in the Agreement, shall bear the same meaning in these FTTH Terms and Conditions.
3. FTTH COVERAGE
3.1. FTTH Line and the Installation Fee
3.1.1. RSAWEB shall within a reasonable period of time of receipt of an order for the provision of FTTH by the Customer, advise the Customer whether an installed fibre line is available for use by the Customer and the anticipated Customer Installation Completion Date (“CICD”). The feasibility maps are given to us by the Fibre Network Operators, and therefore are subject to inaccuracy at times. This will be communicated to you if applicable.
3.1.2. Notwithstanding any other provision of this Agreement, the Customer shall be entitled to cancel, by way of written notice to RSAWEB, an order for the provision of FTTH prior to the CICD if the time period from the date of the order by the Customer to planned CICD exceeds 6 (six) months. Upon such cancellation, RSAWEB shall be entitled to charge the Customer for such costs and expenses as having been incurred by RSAWEB or obligations to which RSAWEB has become necessarily bound arising from the relevant order, from the date of the order concerned up to the date of receipt or deemed receipt of such notice of cancellation (as well as the actual cost of the recovery of any equipment already installed).
3.1.3. It is recorded that any setup fee that may be covered on the Customers behalf by RSAWEB only covers the standard trenching limit as determined by the Fibre Network Operator. Should the distance of trenching exceed the limit the Fibre Network Operator will engage with the client directly to quote for the additional meterage.
3.1.4. RSAWEB is not responsible for the physical fibre infrastructure or its installation. In addition, the method of installation shall remain within the FNO’s discretion. RSAWEB assumes no responsibility for any error or omission by the FNO.
3.1.5. Prior to any installation taking place, RSAWEB will need to verify that the Customer has FTTH coverage at the premises selected by the Customer. The Customer accepts that, should the Customer not have FTTH coverage at its selected premises, RSAWEB will not be able to provide the Customer with the Services and Products.
3.1.6. If the Customer has an FTTH line but has signed up with a different ISP, it will remain the Customer’s obligation to cancel with this ISP before RSAWEB will be able to provide the Services and Products.
3.2. Payment of Monthly Fees
3.2.1. 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 first working day of each and every calendar month.
3.3. Router and the Router Fee
3.3.1 To facilitate timely delivery of your hardware, please specify your need for a router during the signup process. If you do not select a complimentary router on the order form, RSAWEB cannot guarantee the delivery of any hardware. Be advised that RSAWEB will not assume responsibility for issuing any credits arising from the omission of hardware selection on your order form.
3.3.2. The Customer may utilise the router free of charge for the duration of the Agreement, subject to the terms of this Agreement, and accepts that RSAWEB will remain the owner of the router at all times.
3.3.2. The Customer agrees that should it cancel the Agreement in accordance with clause 3.5 of the Terms and Conditions or the Customer cancels during the Initial Period, the Customer can either:
3.3.3.1. purchase the router from RSAWEB at the retail value at the time of cancellation; or
3.3.3.2. return the router to RSAWEB in its original condition.
3.3.4. Should the Customer decide to return the router in terms of clause 3.3.3.2 above, it is to do so within 10 (ten) days from the date on when the Customer’s Services and Products were deactivated, and the Customer is to provide its name and RSAWEB customer code when returning the router. The Customer will be liable for all courier charges associated with the return of the router. If the router is not returned within the 10 (ten) day period:
3.3.4.1. RSAWEB will not accept the return of the router, and the Customer will be charged for the router at the retail value of the router at the time of cancellation; and
3.3.4.2. the router will no longer be insured by RSAWEB and RSAWEB will not accept responsibility for any damage or defaults.
3.3.5. Should the Agreement be terminated after the Initial Period, the router is to be returned to RSAWEB in the same good condition as it was received. The Customer will be liable to reimburse RSAWEB should the router be damaged in any way.
3.3.6. When returning the router to RSAWEB, the Customer is to ensure that the LAN cable, power cable and all other items included in the box containing the router are returned to RSAWEB. Should any items be missing, RSAWEB reserves the right to charge the Customer the cost thereof.
3.3.7 In the event that your fibre network provider increases your line speed to 200 Mbps or higher, you might need an upgraded rental router to fully benefit from these enhanced speeds. As the customer, it is your responsibility to notify us if you require upgraded hardware. In such cases, we offer the following two options:
3.3.7.1. We can coordinate a courier service to replace your current device with the upgraded router at a charge of R390 (including VAT).
3.3.7.2. You may visit our offices and exchange the router yourself to avoid the courier fee.
3.4 Hardware Warranty
3.4.1 At RSAWEB, we are committed to providing our customers with top-quality hardware. However, we recognise that accidents, natural disasters, or damage from load-shedding may occur. Considering this, we have established the following hardware warranty policy:
3.4.1.1. Please be aware that our hardware warranty does not cover damages resulting from accidents, acts of nature, or load-shedding-related damage attributable to our suppliers.
3.4.1.2. As the customer, you are responsible for protecting the hardware. By accepting our terms and conditions, you acknowledge and agree to the following:
3.4.1.2.1. You are liable for the full replacement cost of the hardware if it sustains damage due to load-shedding or other power-related issues.
3.4.1.2.2. You must promptly report any loss, damage, theft, or destruction of the hardware to RSAWEB.
3.4.1.2.3. You should take reasonable precautions to prevent loss, damage, theft, or destruction of the hardware, such as including it in your household or building insurance coverage for theft or damage.
3.4.2. Please note that RSAWEB is not liable for any defects that may occur in hardware provided by you.
4. MOVING PREMISES
4.1. The Customer agrees that, should it move premises and wish to change the location where the fibre line is installed, the Customer shall apply to RSAWEB in writing for such a change by logging a ticket and following the prompts. Moving your line does require cancellation at the current location and a new order at the new location.
4.2. Upon receipt of such a request, RSAWEB shall procure that the relevant FNO conducts a feasibility study as to the possibility of accommodating such a request and the costs associated with such a relocation.
4.3. RSAWEB shall, after receiving the relevant information, inform the Customer whether the relocation of the fibre line can be accommodated and, if so, the cost associated therewith.
4.4. Should RSAWEB not be able to relocate the fibre line, unless the Customer is able to successfully cede his / her rights and delegate his / her obligations under this Agreement to the new occupier of the premises at which the fibre line was originally installed, the fibre line will continue to be provided at such location and this Agreement shall not be affected by the Customer’s relocation and the Customer shall remain liable for all charges associated with the fibre line until this Agreement is terminated in accordance with its terms.
4.5. Should RSAWEB be able to relocate the Customer’s fibre line, the Customer shall provide RSAWEB with a written confirmation as to whether the Customer accepts the quote for the costs of such relocation, failing which, the quote will lapse, and the fibre line concerned will continue to be provided at the location originally installed and on the same terms and conditions.
4.6. If a customer wishes to move their fibre service to a new residential address, they must terminate their existing service and sign up for the relocation service.
4.7. If a customer relocates by cancelling their old service and ordering a new service, they must bring their current router to the new location. Please be aware that by choosing to take the router along, the customer will not be able to use it at the previous residence, and the subsequent tenant will need to acquire a new router for their own use.
4.8. Should the Customer accept the quote for the costs of relocation in writing, RSAWEB shall proceed to implement the relocation and will notify the Customer as to the date upon which the fibre line concerned is available for use by the Customer at the new location.
4.9. All the remaining terms of this Agreement, including but not limited to the Initial Period, in respect of any fibre line which has been moved to a different location in terms of this clause, shall remain unaffected by the change of the location of the fibre line concerned.
5. UPGRADES AND DOWNGRADES
5.1. An application by the Customer to change the bandwidth range or technical characteristics of an existing FTTH line from that which was originally reflected in the Customer’s order, shall be regarded as an application to upgrade (to a higher bandwidth) or downgrade (to a lower bandwidth) and not as an application to terminate the Services and Products.
5.2. A once-off fee for downgrades to lower bandwidth will be charged in addition to the amended subscription fibre line charges.
5.3. In the event that the Customer applies for an upgrade or downgrade, RSAWEB shall effect the necessary changes to the FTTH line concerned and apply the relevant charges with effect from the date that the said change shall have been finally affected.
6. EQUIPMENT AND SOFTWARE
6.1. Except for Equipment that the Customer has paid for in full, all Equipment installed or provided by RSAWEB, shall remain the property of RSAWEB and the Customer agrees that:
6.1.1. he/she will take reasonable care of such Equipment;
6.1.2. he/she will not sell, lease, mortgage, transfer, assign or encumber such Equipment;
6.1.3. he/she will not relocate such Equipment without RSAWEB’s knowledge and permission;
6.1.4. he/she will inform, if applicable, his / her landlord that such Equipment is owned by RSAWEB and therefore not subject to the landlord’s hypothec;
6.1.5. he/she will return the Equipment to RSAWEB at the termination of this Agreement at the Customer’s expense.
6.2. Should the Equipment be lost, stolen, damaged, sold, leased, mortgaged, transferred, assigned, encumbered, or not returned to RSAWEB, the Customer agrees to pay RSAWEB the reasonable value of such Equipment, together with any costs incurred by RSAWEB in seeking possession of such Equipment.
7. DISCOUNTS & PROMOTIONAL OFFERS
7.1 If the fibre internet service with RSAWEB is cancelled within 12 months of the service going live, the customer will be liable to pay back the value of the promotional offer (such as, but not limited to, price cut promotions, early bird special, switch special) received during their initial 12-month period with RSAWEB.
7.2 RSAWEB reserves the right to terminate, extend or amend promotional offers at any time and will provide reasonable notice of such termination as the circumstances require.
7.3 Unless otherwise stated multiple (two or more) promotions cannot be used in conjunction with other promotional offers such as but not limited to; price cut promotions, early bird specials, and switch specials.
7.4 Unless otherwise stated, promotions are for new orders only, existing customers cannot cancel existing orders and reapply in order to receive the promotional offer.
7.5 RSAWEB will not be held liable for customers failing to correctly input promotional codes during the ordering process, subsequently resulting in the customer not receiving the promotional offer.
7.6 Free WiFi assessment Onsite support for critical issues is at the sole discretion of RSAWEB and is only available in Cape Town and Johannesburg areas. For remote support please call us on 087 4700 000, chat with us on Live Chat or Log a ticket for Technical Support.
7.7 Referral Program / Refer a friend promotion: You can only get paid for the successful connection of monthly fibre to the home subscription referrals. The referral program is only applicable for Monthly Fibre to the Home Subscription Referrals, with the stipulation that the referring customer must also be an active subscriber to a monthly fibre service. The discount is in the form of an account credit of R500 for each friend referred to RSAWEB and is only applied to your account, once your friend is connected. You can submit any number of referrals, but the discount limit is R2 500 per customer.
7.8 ERRORS & OMISSIONS EXCEPTED (E&OE).
7.9 Should the customer unjustifiably benefit from a promotional discount as advertised or in any other manner in terms of the Agreement, the customer has a duty to immediately notify RSAWEB of the incorrect billing. Further, the customer agrees to fully reimburse RSAWEB for all amounts due and payable to it.
7.10. Where 2 (two) consecutive debit orders are unsuccessful, RSAWEB reserves the right to automatically change the payment method to cash and effectively terminate the debit order mandate.
One calendar month (1st to the 31st of the month) notice period is needed for the cancellation of your services.
To cancel your service: Log a ticket
Moving home is treated as a cancellation.
Openserve Web Connect is a fibre-to-the-home service available only to residential home customers, this service is not available to business customers. Openserve Web Connect is only available at very specific Openserve-selected addresses, if your address is not listed by Openserve as a Web Connect address, we will not be able to proceed with your order. You will be required to order a standard Openserve FTTH service. The Web Connect product is available only in select Openserve locations. RSAWEB reserves the right to reject applications if it falls outside the coverage for Openserve Web Connect (Fibre Lite).
Hardware & Equipment
- Openserve Web Connect does not require a router, as the ONT (installed by Openserve) is WiFi enabled. Standard Openserve Fibre services are available in these areas and are available for sign up and upgrading at standard Openserve pricing. Should you upgrade to standard Openserve Fibre, the WiFi-enabled ONT will need to be replaced by Openserve and RSAWEB will courier a free to use (rental) router to you.
- All equipment provided to you for the purposes of the FTTH Service shall remain the exclusive property of Openserve.
- You agree to take reasonable care with such equipment; you may not sell, lease, mortgage, transfer, assign or encumber such equipment; you may not re-locate such equipment without the Fibre Line Installer’s knowledge and written permission; you will inform any landlord that such equipment is owned by Openserve and therefore not subject to any landlord’s hypothec; and if such equipment is lost, stolen or damaged or sold, leased, mortgaged, transferred, assigned, encumbered or not returned, you agree that you may be required to pay the Fibre Line Installer the reasonable value of such equipment, together with any costs incurred by RSAWEB or the Fibre Line Installer in seeking possession of such equipment.
Installation Time: The standard installation time for Openserve is about 2-3 weeks for live buildings in live areas. Installation times are not guaranteed.
Set-Up Fees
- RSAWEB Covers this fee on your behalf if you cancel or are suspended due to non-payment this fee will be clawed back.
- The installation fee covers the first 8 meters, Openserve then charges you R180-R220 per meter thereafter (They will first quote you, and only upon acceptance of quotation will they proceed with the work). The 8 metres is only if you require trenching in your property and this is 8 metres birds-eye-view irrelevant of the route taken.
Cancellation Fees
- If you cancel within 12 months of going live, you are liable to pay the R2 300,00 Installation fee and the R575 Connection Fee.
- The installation fee does not apply if you already have a fibre line installed which is not damaged and still active, however, the connection fee (R575) will still be applicable upon cancellation.
- One calendar month notice period is needed for the cancellation of your services. Please note you are responsible for cancelling your existing services such as ADSL or fibre with another provider (if applicable) when signing up with RSAWEB.
- All cancellations must be submitted by submitting a ticket to be processed. You will receive a cancellation form to complete accepting any relevant T&C’s, cancellations will be accepted upon completion of this process.
Fair Usage Policy
- Openserve is the Fibre Line Installer for the Openserve Web Connect product and provides the FTTH service.
- Data is provided by Openserve and NOT RSAWEB. Openserve has a Fair Use Policy, as specified below:
Openserve reserves the right to implement corrective measures should any OWC service be utilised in a manner that has a detrimental impact on the Openserve network and/or a detrimental impact on operation of any other service on the Openserve network.
Openserve may, at its own discretion apply corrective measures, which may include, but is not limited to, implementation of usage thresholds and/or fair usage points or termination of the relevant services to protect the Openserve network and maintain the operation of other services on the Openserve network.
Openserve undertakes to provide reasonable notice should it decide to implement any of the corrective measures.
Indemnity: RSAWEB is not liable for actions and/or omissions of the Fibre Line Installer and shall not be liable to you or any third party for any claim or loss or damages or problems in respect of, caused by or arising from the Fibre Line Installer in relation to exercising any provision of the Fibre Line Installer’s FUP and you indemnify RSAWEB against all losses, damages or claims from third parties in this regard.
- WiFi-Enabled ONT: FrogAir FTTH includes a WiFi-enabled ONT (Optical Network Terminal), and no additional router is required for the service.
- Ownership of Equipment: The ONT and any other equipment provided by RSAWEB for the FTTH service remain the property of RSAWEB or Frogfoot.
- You agree to take reasonable care of this equipment.
- The equipment may not be sold, leased, mortgaged, or transferred, and may not be relocated without written permission from RSAWEB.
- If the equipment is lost, stolen, damaged, or not returned, you may be liable for the replacement costs.
- Free Installation: Standard installation is included in the service and covers up to 30 meters from the boundary box to the designated area within the subscriber’s premises. Any additional work required beyond the 30 meters will be for the account of the customer.
- Installation Time: The standard installation time for FrogAir FTTH is approximately 2-3 weeks, depending on your location. Please note that installation times are estimates and not guaranteed.
- The placement of WiFi equipment.
- Barriers such as thick walls, fish tanks, mirrors, or microwaves.
- Homes larger than 100m² may experience reduced WiFi performance.
- The number of connected devices is limited to 10 devices. Connecting more than 10 devices may result in degraded performance.
- Free Set-Up: RSAWEB covers the standard setup fees. However, if your service is cancelled, you will be required to repay the installation fee.
- Additional Installation Charges: The standard installation includes up to 30 meters. Should additional trenching or extensions be required, Frogfoot will first provide a quote, and installation will proceed only once the quote is accepted by the customer.
Fibre to the Home | Prepaid
Welcome to Octotel’s Flexi Connect Prepaid Service! We’re thrilled to have you as a valued customer. Before you start enjoying our reliable internet service, please take a moment to review the following customer-friendly terms and conditions:
- Service Availability Our Octotel Flexi Connect Prepaid Service is only available in specific predefined areas. To ensure that your location falls within a predefined coverage area, we will verify the coverage after you place an order.
- Service Duration Once your service has been installed and activated, you will enjoy one calendar month of uninterrupted internet access.
Suggested: Once your service has been installed and activated, you will enjoy internet access till the end of that month. Each proceeding top-up will provide you with one calendar month of uninterrupted internet access. - Service Termination Your Prepaid service will come to an end at the conclusion of the calendar month, regardless of when you started using it. If you made an upfront payment, don’t worry! We will discount your next top-up based on unused days. For example, if you subscribed in January but were installed on the 27th, you will need to top up at the end of the month. But don’t fret! Your top-up cost will be reduced, considering the 27 days you didn’t use the service.
- Pro Rata Credits Remember to sign up for the service every month to keep your benefits intact. If you fail to sign up for two consecutive months, any pro rata credits you may have accumulated will be forfeited.
- Grace Period After the calendar month ends, you will still have three (3) additional days of service before the internet connection is cut off.
- Internet Reconnection In case your connection is cut off, don’t panic! You can purchase a top-up to reconnect your service through the provided web page even after the grace period.
- Maximum Purchase Limit To ensure fair distribution of our services, each customer is allowed to purchase a maximum of one (1) Prepaid service on an ONT (Optical Network Terminal) at any time. Additional ONTs (Optical Network Terminal) can be installed at the premises if required.
- Service Limitation Our Octotel Flexi Connect Prepaid Service offers asymmetrical bandwidths and is specifically designed for residential purposes. Please note that it is not intended for business use.
- Additional Terms and Policies In addition to these terms and conditions, the Octotel Flexi Connect Prepaid Service is also subject to the following policies:
RSAWEB’s Standard contract terms and conditions
RSAWEB’s Fair Usage Policy
Acknowledgment of Terms and Conditions By using the Octotel Flexi Connect Prepaid Service, you acknowledge that you have read, understood, and agreed to these customer-friendly Terms and Conditions. We may update these terms from time to time, so make sure to check back periodically for any changes. Non-compliance with these terms may lead to the termination or suspension of your service. If you have any questions or concerns about these Terms and Conditions, please don’t hesitate to reach out to our friendly customer support team. We’re here to assist you! Thank you for choosing Octotel’s Prepaid Service, and we hope you have a fantastic internet experience with us.
- Only available in at Openserve address within the Openserve Pre-paid network coverage.
No router required.
- Customers can purchase multiple bundles at the same time and these bundles will be activated in accordance with the sequence they were purchased.
- Bundles dormant (not used) for 180 days will expire.
- The Openserve Prepaid Connect service is only available on a pre-paid once-off term.
- Openserve shall charge a call-out fee in all instances where the client has requested Openserve to attend to any fault in respect of an Openserve Prepaid Connect, where such fault is at a point in the network beyond the WiFi enabled ONT or where such fault is as a result of the end-user’s activities, including but not limited to any activity that may have caused damage to the WiFi enabled ONT, as well as power interruption incidents which could have been reasonably prevented by the client.
- In the event of any fault being detected on the Openserve network where such fault caused downtime experienced by the End-user, Openserve will allocate a suitable bundle option to the relevant fibre line to compensate for the downtime experienced by the End-user
- Usage threshold (Fair Usage Policy: Each top-up has a 200GB threshold, if the threshold is reached the service will remain uncapped at 4Mbps, until the next top-up and service will resume back to 20Mbps).
Installation Fee:
- There is no installation fee for Vuma Reach.
- Billing is processed through third-party platforms (Payfast / EasyPay). Payment must be made upfront during the online checkout to accept the order.
Free Installation Includes:
- Routing of fibre cabling from the connection point to the location where the fibre ONT/Router will be installed.
- Up to 30 meters of fibre cabling. Any additional cabling beyond 30 meters will incur a charge of R50 per meter.
- Up to 5 meters of trenching at a depth of 150 to 200mm (excluding areas with paving, concrete, tiles, tar, or where fibre might be damaged by pets or people). White conduit will be provided for up to 5 meters.
- Mounting of the fibre device with screws and masonry plugs.
Order Process:
- Once the order is accepted, it will be processed either as a new installation or service activation (for existing installations).
Cancellation Terms:
- No cancellation fees apply to Vuma Reach services.
- For recurring payments, cancellations must be submitted with one calendar months’ notice.
Moving Premises:
- The ONT/router must be left at the old premises as it cannot be used at the new location.
- For recurring payments, cancellations for moving premises must be submitted with one calendar months’ notice.
Proof of Address:
- If your address cannot be plotted for order placement, we may require proof of address, such as a utility bill, lease agreement, or proof of purchase.
- If a new address needs to be created, a ticket will be logged, which takes 24-48 hours to process.
Active Service with Another ISP:
- Ensure that your line with the current ISP is cancelled and released before moving.
- If moving into a property with an existing installation, provide proof of address. The address will take up to 72 hours to clear on Vumatel’s system before RSAWEB can place a new order.
Prepaid Service:
- Vuma Reach is a prepaid service and is not eligible for monthly recurring discount promotions.
Refunds:
- Refunds are available if the area is not live and RSAWEB/Vuma cannot proceed with the order.
Payment Options for recurring payment method:
- Payment will be automatically debited from your current debit/credit card on file with Payfast on the next billing date. The initial service will be terminated, and the new service will be activated within approximately 15 minutes. Expect a 15-minute downtime window.
Payments and Service Suspension for recurring payments:
- On the next billing date, the amount for the prepaid service will be debited from your debit/credit card.
- If payment is successful, the new service will remain active until the next billing date. If payment fails, the service will be suspended, and you will be directed to the RSAWEB walled garden. The service will remain suspended for up to 7 days pending payment.
- If payment is made within 7 days, the suspension will be lifted, and service will be reactivated. If payment is not made within 7 days, the service will be terminated.
Pro-Rata Payments:
- No pro-rata payments will be applied; billing will continue as normal, with the amount debited being the retail price of the new service.
If you have any questions or need further clarification, please contact our support team.
Fixed LTE
General Terms
- The following Terms and Conditions contain assumptions of risk and/or liability by the Customer; and limits and exclude liabilities, obligations and legal responsibilities which RSAWEB Proprietary Limited (referred to as “RSAWEB “) will have towards Customers and other persons.
- 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.
- 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.
- 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.
Introduction
- The RSAWEB MTN FIXED LTE service is a residential fixed broadband service utilising the 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.
- The RSAWEB MTN FIXED LTE service will only be available on LTE technology, it will not fall back to 3G or 2G technology.
- RSAWEB MTN FIXED LTE service will only provide a public dynamic IP address, and no fixed IP address VAS is allowed.
- RSAWEB MTN FIXED LTE service does not support traditional mobile voice, SMS and USSD services.
- The RSAWEB MTN FIXED LTE service makes use of an RSAWEB private APN (ws.RSAWEB.fwa) which the Customer may need to manually configure onto the router.
- RSAWEB can only provide MTN FIXED LTE services in an area where there is MTN SA Fixed LTE coverage.
- 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;
RSAWEB Privacy Policy
iii. RSAWEB Acceptable Use Policy and Fair Usage Policy
iv. Terms and Conditions applicable to a specific promotion. - The abovementioned terms and conditions, and policies are available and accessible at https://www.rsaweb.co.za/legal/
- RSAWEB MTN FIXED LTE will be available from the 20th of March 2020 until RSAWEB in its sole and absolute discretion elects to discontinue the service.
Packages
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- 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.
- 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 – 04:59 only.
- The standard inclusive (Anytime and Night Express Data) and Top-Up value are 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.
- 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 04:59)
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
Ordering Process & Package Activation
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- Customers can place orders for RSAWEB MTN FIXED LTE either online through the RSAWEB website, or through an authorised representative of RSAWEB.
- All orders, placed online or through an authorised representative, are subject to acceptance by RSAWEB.
- 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 payment authorisation.
- 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.
- The order is accepted when the Customer’s RSAWEB MTN FIXED LTE Account is delivered.
- The Customer must comply with the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (“RICA”) prior to an RSAWEB MTN FIXED LTE Account being activated.
- As per RICA, a Customer must provide proof of full name, surname, Identity Document number and residential address to a RICA officer when purchasing a SIM card.
- 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 an RSAWEB / MTN-approved range of devices. If other devices are used, those devices will not be recognised by or registered on the RSAWEB MTN FIXED LTE network.
- 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.
- The activation of the service will be considered acceptance of all the terms and conditions applicable to the service.
Contract Commencement and Duration
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- 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.
- 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.
- 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.
Installation, Equipment and Connectivity
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- 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 purchase 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
- 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.
- 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 rental option 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. - 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.
- 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.
- Where Customers elect 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.
- 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.
- i. If equipment supplied by RSAWEB becomes defective:
i. the Customer must return the equipment to RSAWEB.
RSAWEB will have the equipment repaired or replaced. - RSAWEB reserves the right to replace equipment with refurbished equipment.
- Faulty SIM cards will be replaced at no charge within the first 12 (twelve) months.
- RSAWEB will not perform any SIM-swaps
- The Customer will be liable for repair or replacement costs to faulty equipment if the damage to the equipment is user-induced.
- The Customer has three options in respect of the router to be used:
Billing and Payment
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- 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.
- 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.
- The Customer must pay amounts due into RSAWEB ’s bank account within 2 (two) business days of the invoice date.
- If a Customer pays by debit order or other electronic means, his bank or third party is his agent. The Customers carry the risk of payment until RSAWEB receives the payment into their account.
- RSAWEB reserves the right to charge a debit order return fee of R12,50 (excluding VAT) for each unsuccessful debit order transaction.
- 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/subscriptions.
Suspension and Migration Rules
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- 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.
- 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.
- A suspended RSAWEB MTN FIXED LTE Account may be reactivated subject to payment of the full outstanding amounts due.
- 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.
- 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.
- 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.
Upgrade and Downgrade Rules
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- 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.
- The subscriber shall retain any applicable carry-over data accumulation when upgrading or downgrading.
Relocation and Cancellation Rules
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- 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 the 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 in writing by logging a ticket.
- 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).
Transfer and Change of Ownership
The RSAWEB MTN FIXED LTE Price Plan is not transferable
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- Service: Interruptions and Support
- Due to the nature of the mobile network, RSAWEB makes no guarantees on service quality and availability.
- 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.
- 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.
- 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.
- The RSAWEB contact centre is available on 087 470 0000
- Where a callout can be attributed to a fault caused by the Customer, the Customer will be charged a call-out fee.
Changes to the Service and Terms and Conditions
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- 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.
- RSAWEB reserves the right from time to time to vary the charges of these services as may be deemed necessary at 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.
- As changes will be posted on the RSAWEB website, the Customer continued use of the products and/or services will be deemed acceptance of the amended rules.
Limitation of Liability
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- Subject to a fixed limit, RSAWEB only accepts liability for direct loss or damages suffered by the Customer, for which RSAWEB is responsible 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 negligence or failure by RSAWEB (and its representatives and agents).
iii. The legal suspension of the Customer’s RSAWEB MTN FIXED LTE. - Any acts or omissions by RSAWEB and its representatives or agents, that are beyond its control.
- The Customer’s use of any equipment supplied to him by RSAWEB.
- RSAWEB ’s cumulative maximum liability for all claims, and actions. Demands and proceedings, irrespective of the cause, are limited to one month’s subscription payable in terms of the RSAWEB MTN FIXED LTE contract.
- Subject to a fixed limit, RSAWEB only accepts liability for direct loss or damages suffered by the Customer, for which RSAWEB is responsible in terms of the law, with the exception of loss or damages (direct or indirect) caused by:
Complaints Handling Procedure
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- RSAWEB has a complaints resolution procedure that aims to address any dissatisfaction with its products and services.
- Complaints can be communicated via email and on our social media pages.
- RSAWEB will acknowledge your complaint within 48 hours and provide the Customer with a reference number.
- RSAWEB will investigate and provide feedback on the complaint within 14 calendar days.
- 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
- the Independent Communications Authority to South Africa (ICASA) on www.icasa.org.za.
General Terms
By using RSAWEB MTN Uncapped Fixed LTE service, you accept certain risks and liabilities. These terms may limit RSAWEB’s responsibilities towards you and could involve additional costs. We comply with the Consumer Protection Act, so no terms here will contravene it.
Introduction
RSAWEB MTN Uncapped Fixed LTE is a high-speed residential broadband service using MTN’s LTE network. It’s available only in areas covered by MTN’s LTE network and will not switch to 3G or 2G. The service includes a public dynamic IP address and doesn’t support traditional mobile voice, SMS, or USSD services.
Service Details
- Availability: Offered as a stand-alone product within MTN LTE coverage areas.
- Configuration: Might require manual setup using the RSAWEB private APN (ws.RSAWEB.fwa).
- Coverage Verification: Subject to confirmation after order placement.
Usage Policies
Your use of RSAWEB MTN Uncapped Fixed LTE is subject to:
- RSAWEB’s General Terms and Conditions
- RSAWEB’s Privacy Policy
- RSAWEB’s Acceptable Use and Fair Usage Policy
- Specific promotional terms, if applicable
You can find all these policies at RSAWEB Legal.
Acceptable Use Policy
Once AUP limit is reached, speed will change to 2Mbps.
- 20Mbps package – 50GB AUP Limit
- 50Mbps package – 100GB AUP Limit
- 100Mbps package – 400GB AUP Limit
- 200Mbps package – 650GB AUP Limit
- 250Mbps package – 1000GB AUP Limit
Speed is dependent on your LTE router capability and available capacity on the LTE tower your device is connected to.
Packages
- Data Plans: Offered as uncapped data plans with no Out-Of-Bundle charges. The service is only available at the address that it was ordered for and will not work at any other location.
- Data Management: Fair Usage Policy applies to ensure a balanced experience for all users.
Ordering & Activation
- Ordering: Available online or through authorised representatives.
- Acceptance: Based on correct product information and payment receipt.
- SIM Activation: Requires RICA compliance (proof of identity and address).
Contract Terms
- Start Date: Contract begins on the delivery date.
- Duration: Month-to-month basis with one calendar months notice for termination.
- Cooling-off Period: 5 days from activation to cancel without penalty (hardware must be returned, and SIM, delivery, and activation costs paid).
Equipment Options
Router Choices:
- Use your own MTN/RSAWEB-approved router.
- Please note that RSAWEB cannot provide support for or be held responsible for the performance, setup, or issues related to routers that were not purchased directly through RSAWEB. If you opt to use your own MTN/RSAWEB-approved router, any technical support related to the router must be sought from the original vendor or manufacturer.
- Buy a router from RSAWEB upfront.
Warranty: 12-month warranty for manufacturer defects (not user-induced damage).
Missed Delivery Appointments
- Delivery Appointment: When scheduling a delivery appointment for your Fixed LTE service, you agree to be present or have an authorised representative available at the specified delivery address during the agreed-upon time slot.
- Missed Appointment: Should you miss your scheduled delivery appointment without prior notice or rescheduling, an additional delivery attempt will be necessary to complete the delivery of your Fixed LTE service.
- Additional Charges: An additional charge will be applied to your account for each missed delivery attempt. This charge covers the costs associated with rescheduling and performing an additional delivery.
- Rescheduling: To avoid additional charges, you may reschedule your delivery appointment by contacting our customer service team at least 24 hours before the original appointment time.
- RICA Compliance: In accordance with RICA requirements, it is essential that the delivery address provided for your Fixed LTE service is accurate and verifiable. Our delivery team will verify your identity and documentation as required by law during the delivery process.
- Notification of Charges: You will be informed of any additional charges incurred due to missed appointments. These charges will be detailed in your subsequent billing statement.
- Customer Responsibility: You are responsible for ensuring that you or your authorised representative is available at the delivery address during the scheduled appointment time. Failure to do so may result in additional charges.
- Contact Information: For any inquiries or to reschedule your delivery appointment, please contact our courier partner, ConvergEx, on 011 615 1234.
By scheduling a delivery appointment, you acknowledge and agree to these terms and conditions, including RICA compliance.
Billing & Payment
Billing:
- Pro-Rata Billing: Billing will commence from the date of checkout on a pro-rata basis. This covers the period until the start of the first full billing cycle.
- Monthly Subscription: The monthly subscription will begin once the SIM card is delivered and RICA’d. The subscription is billed in advance from that point forward.
Payments:
- Subject to the conditions above being met, billing of the RSAWEB MTN Uncapped Fixed LTE account will be triggered 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.
- The Customer will be billed in advance for any additional hardware and services.
- If a Customer pays by debit order or other electronic means, his bank or third party is his agent. The Customers carry the risk of payment until RSAWEB receives the payment into their account.
- RSAWEB reserves the right to charge a debit order return fee of R12,50 (excluding VAT) for each unsuccessful debit order transaction.
- 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.
Suspension & Migration
- Suspension: Billing and service can be suspended if payment is not received.
- Migration: Customers can switch to other RSAWEB services like Fibre to the Home, subject to terms and availability.
Upgrades & Downgrades
Flexibility: No penalties for upgrading or downgrading plans. Notify RSAWEB by the 16th of the month for changes effective the next billing period.
Relocation & Cancellation
- Relocation: Notify RSAWEB 30 days before moving within LTE coverage areas. Allowed up to 4 times a year.
- Cancellation: Requires one calendar months written notice.
Service Interruptions & Support
- No Guarantees: Service quality and availability are not guaranteed due to the nature of the mobile network.
- Termination: RSAWEB reserves the right to suspend or terminate services for abuse or fraud.
Changes to Terms
Modifications: RSAWEB may change the service or terms with notice. Regularly check RSAWEB’s website for updates.
Limitation of Liability
- Direct Losses: RSAWEB’s liability is limited to one month’s subscription fee.
- Exclusions: Not liable for service interruptions, equipment issues, or customer-induced damages.
Complaints Procedure
- Resolution: Complaints can be submitted via email or social media. Acknowledged within 48 hours with feedback within 14 days.
- Escalation: If unresolved, complaints can be referred to ISPA or ICASA.
For further assistance, contact RSAWEB’s support center at 087 470 0000.
Other
- Special conditions around our FTTH, FTTB and ADSL services.
This Acceptable Use Policy (AUP) specifies the actions prohibited to users of the network and systems (“infrastructure”) of RSAWEB, and is intended to enhance the use of the Internet by preventing unacceptable use. Users are required to adhere to all the policies specified in this AUP without exception.
INTRODUCTION
- The purpose of this document is to provide an understanding of RSAWEB’s Acceptable Use Policy. This policy serves to define the accepted behaviour of users on RSAWEB’s network, and allows RSAWEB to:
- Maintain the integrity and quality of their services,
- Protect their customers and infrastructure from abuse,
- Adhere to the current laws and regulations governing organisations and service providers in the countries that they operate in,
- Co-exist within the global internet community as a responsible service provider.
Examples of use which may result in excessive data transfer include, but are not limited to, the following:
Activity | Usage Behaviour | How to minimise this type of usage |
Downloading large files or large quantities of files | Downloading files like movies, MP3s, games, and software using software such as Napster, Kazaa, E-donkey, etc | Refrain from using automated download programs. You may not install automated search and retrieve programs or similar automated and manual routines, which generate excessive amounts of network traffic. |
Online gaming | Online gaming can average data transfer of between 10 – 60 Mb per hour. | Limit the usage of data transfer when playing games online. Alternatively use local gaming sites. |
Mail/News groups/Chat | Emails, news groups and chat clients are used to communicate online, however when files with suffix of “avi,” “jpeg,” “mpeg,” “gif,” etc are sent to customers they can contain very large amounts of data. | Be careful when subscribing to sites which automatically send information with large attachments be aware of “background download” programs. |
Fraud | Customers who do not protect their equipment using a firewall or proxy server create a possibility for remote access to the PC, which may, by using the use of various programs, determine their username and passwords or the PC can be sued to transfer data via the owner’s account | Secure your PC by setting up a firewall or proxy server. |
Browser use | Automated copying of website content can result in high usage levels | Manually select the content that needs to be copied. |
THE NETWORK
- The user acknowledges that RSAWEB is unable to exercise control over the data passing over the infrastructure and the Internet, including but not limited to any websites, electronic mail transmissions, news groups or other material created or accessible over its infrastructure. Therefore, RSAWEB is not responsible for data transmitted over its infrastructure.
- RSAWEB’s infrastructure may be used to link into other networks worldwide and the user agrees to conform to the acceptable use policies of these networks.
- Users of the RSAWEB network include not only the RSAWEB customers, but in the case of resellers of RSAWEB services, and the customers of the resellers too. Resellers of RSAWEB’s services are responsible for the activities of their customers.
- The user may obtain and download any materials marked as available for download off the Internet, but is not permitted to use their Internet access to distribute any copyrighted materials unless permission for such distribution is granted to the user by the owner of the materials.
- The user is prohibited from obtaining, disseminating or facilitating over RSAWEB’s network any unlawful materials, including but not limited to:
- Copying or dealing in intellectual property without authorisation, – Child pornography, and/or – Any unlawful hate-speech materials.
- To help ensure that all customers have fair and equal use of the service and to protect the integrity of the network, RSAWEB reserves the right, and will take necessary steps, to prevent improper or excessive usage thereof.
- These precautions may include, but are not limited to, the following:
- This policy applies to and will be enforced for intended and unintended (e.g., viruses, worms, malicious code, or otherwise unknown causes) prohibited usage.
- Online activity will be subject to the available bandwidth, data storage and other limitations of the service provided, which RSAWEB may, from time to time, revise at its own discretion and without prior notice to the customer.
- Limiting network throughput;
- Preventing or limiting service through specific ports or communication protocols; and/or
- Complete termination of service to customers who grossly abuse the network through improper or excessive usage.
SYSTEM AND NETWORK SECURITY
- All references to systems and networks under this section includes the Internet (and all those systems and/or networks to which user is granted access through RSAWEB) and includes, but is not limited to, the infrastructure of RSAWEB itself.
- The user may not circumvent user authentication or security of any host, device, network, or account (referred to as “cracking” or “hacking”), nor interfere with service to any user, host, device, or network (referred to as “denial of service attacks”). The host, device, network or account shall also not be used for any illegal purpose, including phishing.
- Violations of system or network security by the user are prohibited, and may result in civil or criminal liability. RSAWEB will investigate incidents involving such violations and will involve and co-operate with law enforcement officials if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
- Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of any system or network or to breach security or authentication measures without the express authorisation of RSAWEB. – Unauthorised monitoring of data or traffic on the network or systems without express authorisation of RSAWEB. – Interference with service to any user, device, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. – Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting.
E-MAIL USE
- It is explicitly prohibited to send unsolicited bulk mail messages (“junk mail” or “spam”) of any kind (commercial advertising, political tracts, announcements, etc). This is strongly objected to by most Internet users and the repercussions against the offending party, and RSAWEB, can often result in disruption of service to other users connected to RSAWEB. In addition, spam is unlawful in terms of the Electronic Communications and Transaction Act 2002, and RSAWEB is entitled to take appropriate steps against the User in contravention of these provisions of the Act.
- Maintaining of mailing lists by users of RSAWEB is accepted only with the permission and approval of the list members, and at the members’ sole discretion. Should mailing lists contain invalid or undeliverable addresses or addresses of unwilling recipients those addresses must be promptly removed.
- Users may not forward or propagate chain letters nor malicious e-mail.
- Public relay occurs when a mail server is accessed by a third party and utilised to deliver mails, without the authority or consent of the owner of the mail-server. Users’ mail servers must be secure against public relay as a protection to both themselves and the Internet at large. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed.
- RSAWEB reserves the right to examine users’ mail servers to confirm that their server is not a public relay and the results of such checks can be made available to the user. RSAWEB also reserves the right to examine the mail servers of any users using RSAWEB mail servers for “smart hosting”, content filtering or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict accordance with RSAWEB policy of preserving customer privacy.
USENET NEWS
- Users should, before using the service, familiarise themselves with the contents of the following newsgroups: news.newusers.questions,news.nnounce.newusers,news.answers
- Excessive cross-posting (i.e. posting the same article to a large numbers of newsgroups) is forbidden.
- Posting of irrelevant (off-topic) material to newsgroups (also known as USENET spam) is forbidden.
- Posting binaries to a non-binary newsgroup is forbidden.
- RSAWEB reserves the right to delete and/or cancel posts which violate the above conditions.
INTERCEPTION
The User acknowledges that RSAWEB is lawfully required to intercept communications in accordance with the provisions of the Regulation of Interception and Provision of Communication-related Information Act 70 of 2003 (“the Act”). Any interception of communications shall be strictly in accordance with the requirements of the Act, as and when required under the Act.
MANAGING ABUSE
- Upon receipt of a complaint, or having become aware of an incident, RSAWEB reserves the right to:
- Inform the user’s network administrator of the incident and require the network administrator or network owner to deal with the incident according to this AUP. – In the case of individual users suspend the user’s account and withdraw the user’s network access privileges completely. – Charge the offending parties for administrative costs as well as for machine and human time lost due to the incident. – In severe cases suspend access of the user’s entire network until abuse can be prevented by appropriate means. – Take such action as may be necessary to protect the integrity of the system, including, but not being limited to, system monitoring, as well as protocol management and shutting down of ports affected by viruses, worms or other malicious code. – Implement appropriate technical mechanisms in order to prevent usage patterns that violate this AUP. – Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users’ details to law enforcement agencies.
- Any one or more of the steps listed above, insofar as they are deemed necessary by RSAWEB in its absolute and sole discretion, may be taken by RSAWEB against the offending party.
LAWS AND LEGISLATION
- RSAWEB’s infrastructure may be used only for lawful purposes. Users may not violate any applicable laws or regulations of South Africa within the territory of South Africa. Should the user reside outside of South Africa, the laws of the country in which the user resides shall apply.
- Transmission, distribution or storage of any material on or through the infrastructure in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
LEGAL RIGHTS
- Nothing contained in this policy shall be construed to limit RSAWEB’s rights or remedies in any way with respect to any of the aforementioned activities, and RSAWEB reserves the right to take any action that it may deem appropriate with respect to such activities, including without limitation:
- Investigating suspected violations of this AUP, – Taking action to recover costs and expenses incurred in identifying and resolving abuse, – Terminating users’ access to and use of the RSAWEB service; – Levying cancellation charges to cover RSAWEB costs in the event of termination of the RSAWEB service.
- In addition, RSAWEB reserves all available rights and remedies with respect to such activities at law or in equity.
- This AUP may be clarified or modified periodically and RSAWEB reserves the right to modify this policy at any time, any such changes coming into effect as soon as they are published on the RSAWEB website (www.rsaweb.co.za).
- This policy forms part of RSAWEB’s standard terms and conditions of service.
- TERMS AND CONDITIONS
1.1 The provision of the DSL Services and Products by RSAWEB to the Customer shall be subject to the provisions of the Agreement.
- DEFINITIONS
2.1 The definitions contained in clause 1 of the General Terms and Conditions, and further definitions which may be provided elsewhere in the Agreement, shall bear the same meaning in these DSL Terms and Conditions.
- DSL COVERAGE
3.1 DSL Line and the Installation Fee
3.1.1 RSAWEB shall within a reasonable period of time of receipt of an order for the provision of DSL by the Customer, advise the Customer whether an installed DSL line is available for use by the Customer and the anticipated Customer Installation Completion Date (“CICD”).
3.1.2 Notwithstanding any other provision of this Agreement, the Customer shall be entitled to cancel, by way of written notice to RSAWEB, an order for the provision of DSL prior to the CICD if the time period from the date of order by the Customer to planned CICD exceeds 6 (six) months. Upon such cancellation, RSAWEB shall be entitled to charge the Customer for such costs and expenses as have been incurred by RSAWEB or obligations to which RSAWEB has become necessarily bound arising from the relevant order, from the date of the order concerned up to the date of receipt or deemed receipt of such notice of cancellation, as well as the actual cost of the recovery of any equipment already installed.
3.1.3 There is no Installation Fee payable unless the Customer cancels the Agreement in accordance with clause 3.5 of the Terms and Conditions (i.e. the Customer cancels the Agreement during the Initial Period) in which case the Installation Fee will be dependent on which FNO installed the DSL line and RSAWEB will advise the Customer accordingly.
3.1.4 RSAWEB is not responsible for the physical DSL infrastructure or its installation. In addition, the method of installation shall remain within the Network Operator’s discretion. RSAWEB assumes no responsibility for any error or omission by the Network Operator.
3.1.5 Prior to any installation taking place, RSAWEB will need to verify that the Customer has DSL coverage at the premises selected by the Customer. The Customer accepts that, should the Customer not have DSL coverage at its selected premises, RSAWEB will not be able to provide the Customer with the Services and Products.
3.1.6 If the Customer has a Copper line but has signed up with a different ISP, it will remain the Customer’s obligation to cancel with this ISP before RSAWEB will be able to provide the Services and Products.
3.1.7 Should the Customer terminate the Agreement during the Initial Period, then the full Installation Fee will be paid by the Customer to RSAWEB.
3.2 Payment of Monthly Fees
3.2.1 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.
3.3 Router and the Router Fee
3.3.1 The Customer may utilise their own DSL enabled router but accepts that RSAWEB will not take responsibility for any issues relating to the device, downtime due to device issues or network issues which can be linked to a faulty device.
3.3.2 The Customer can also opt to purchase a router from RSAWEB. The router comes with a one year warranty. The Manufacturer’s warranty does not cover failures and damage not caused by the product’s defects. … These terms and conditions include special cases in which liability under the warranty is excluded. This concerns failures resulting from the incorrect use of the device or an accident.
- MOVING PREMISES
4.1 The Customer agrees that, should it move premises and wish to change the location where the copper line is installed, the Customer shall apply to RSAWEB in writing for such a change by Logging a ticket
4.2 Upon receipt of such a request, RSAWEB shall procure that the relevant Provider conducts a feasibility study as to the possibility of accommodating such a request and the costs associated with such a relocation.
4.3 RSAWEB shall, after receiving the relevant information, inform the Customer whether the relocation of the copper line can be accommodated and, if so, the cost associated therewith.
4.4 Should RSAWEB not be able to relocate the line, unless the Customer is able to successfully cede his / her rights and delegate his / her obligations under this Agreement to the new occupier of the premises at which the line was originally installed, the line will continue to be provided at such location and this Agreement shall not be affected by the Customer’s relocation and the Customer shall remain liable for all charges associated with the fibre line until this Agreement is terminated in accordance with its terms.
4.5 Should RSAWEB be able to relocate the Customer’s fibre line, the Customer shall provide RSAWEB with a written confirmation as to whether the Customer accepts the quote for the costs of such relocation, failing which, the quote will lapse and the fibre line concerned will continue to be provided at the location originally installed and on the same terms and conditions.
4.6 Should the Customer accept the quote for the costs of relocation in writing, RSAWEB shall proceed to implement the relocation and will notify the Customer as to the date upon which the fibre line concerned is available for use by the Customer at the new location.
4.7 All of the remaining terms of this Agreement, including but not limited to the Initial Period, in respect of any fibre line which has been moved to a different location in terms of this clause, shall remain unaffected by the change of the location of the fibre line concerned.
- UPGRADES AND DOWNGRADES
5.1 An application by the Customer to change the bandwidth range or technical characteristics of an existing Copper line from that which was originally reflected in the Customer’s order, shall be regarded as an application to upgrade (to a higher bandwidth) or downgrade (to a lower bandwidth) and not as an application to terminate the Services and Products.
5.2 A once-off fee for downgrades to lower bandwidth will be charged in addition to the amended subscription fibre line charges.
5.3 In the event that the Customer applies for an upgrade or downgrade, RSAWEB shall effect the necessary changes to the Copper line concerned and apply the relevant charges with effect from the date that the said change shall have been finally affected.
- EQUIPMENT AND SOFTWARE
6.1 Except for Equipment that the Customer has paid for in full, all Equipment installed or provided by RSAWEB, shall remain the property of RSAWEB and the Customer agrees that:
6.1.1 he/she will take reasonable care of such Equipment;
6.1.2 he/she will not sell, lease, mortgage, transfer, assign or encumber such Equipment;
6.1.3 he/she will not relocate such Equipment without RSAWEB’s knowledge and permission;
6.1.4 he/she will inform, if applicable, his / her landlord that such Equipment is owned by RSAWEB and therefore not subject to the landlord’s hypothec;
6.1.5 he/she will return the Equipment to RSAWEB at the termination of this Agreement at the Customer’s expense.
6.1.6 Should the Equipment be lost, stolen, damaged, sold, leased, mortgaged, transferred, assigned, encumbered or not returned to RSAWEB, the Customer agrees to pay RSAWEB the reasonable value of such Equipment, together with any costs incurred by RSAWEB in seeking possession of such Equipment.
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