MTN Fixed LTE Terms and Conditions
These MTN Fixed LTE Product Terms and Conditions (“Product Terms”) contain assumptions of risk and/or liability by the Customer, and limit and exclude liabilities, obligations and legal responsibilities which RSAWEB (Pty) Ltd (“RSAWEB”, “we”, “us”, “our”) will have towards Customers and other persons. These Product Terms also limit and exclude Customers’ rights and remedies against RSAWEB and place various risks, liabilities, obligations and legal responsibilities on Customers, which may result in Customers being responsible for paying additional costs and amounts.
To the extent that these Product Terms, or any goods or services provided under them, are governed by the Consumer Protection Act, 2008 (“the CPA”), no provision of these Product Terms is intended to contravene the applicable provisions of the CPA. All provisions of these Product Terms must therefore be treated as being qualified, to the extent necessary, to ensure compliance with the applicable provisions of the CPA.
1. Introduction and Precedence
1.1 These Product Terms apply to the MTN Fixed LTE service (“Service”) provided by RSAWEB to you, the customer (“you”, “Customer”).
1.2 These Product Terms must be read together with RSAWEB’s General Terms and Conditions, RSAWEB’s Privacy Policy, and RSAWEB’s Acceptable Use Policy and Fair Usage Policy, all of which are available at https://www.rsaweb.co.za/legal/ and apply to your use of any RSAWEB product or service. Should there be any conflict between these Product Terms and any of the above, these Product Terms will prevail in respect of the Service.
1.3 RSAWEB provides the Service under a wholesale services agreement with MTN South Africa (Pty) Ltd (“MTN”). RSAWEB purchases wholesale mobile data capacity from MTN and independently builds, configures and manages its own MTN Fixed LTE products – including the product speeds, Fair Usage Policy thresholds and throttling described in clause 5 below. Accordingly, the data allowances, speeds and throttling behaviour applicable to the Service are determined by RSAWEB and may differ from those offered by other providers of MTN Fixed LTE.
1.4 The Service is a fixed broadband product: it is locked to the single physical address at which it is activated and is not intended to be used, and will not function, at any other address. See clause 8 below.
1.5 RSAWEB MTN Fixed LTE will be available from the date these Product Terms take effect until RSAWEB, in its sole and absolute discretion, elects to discontinue the Service.
2. Definitions
“Device” means the LTE router or Wi-Fi device used to access the Service, whether purchased from RSAWEB or otherwise approved by RSAWEB for use with the Service;
“Fixed Address” means the single physical residential or business address recorded by RSAWEB at the time the Service is activated, to which the Service is locked;
“AUP” means the Fair Usage Policy data threshold applicable to your Service, as set out in clause 5;
“Network” means MTN’s mobile electronic communications network over which the Service is provided;
“Order Processing Fee” means the once-off, non-refundable fee, as displayed at checkout, covering RICA processing and delivery of your SIM Card and/or Device;
“RICA” means the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002;
“Service” means the MTN Fixed LTE data service selected by you and provided by RSAWEB, as more fully described in clause 3;
“SIM Card” means the MTN Fixed LTE subscriber identity module card issued to you in connection with the Service;
“MTN” means MTN South Africa (Pty) Ltd, the Network Operator in respect of the Service.
3. Description of the Service
3.1 The Service is a fixed wireless LTE broadband data service, provided over the Network on an On-Net basis only, for use exclusively at the Fixed Address.
3.2 The Service is a data-only service. It does not include SMS, MMS, USSD or Voice services.
3.3 The Service may not be used at any location other than the Fixed Address. The SIM Card and/or Device are locked to the Fixed Address by way of location-locking on the Network and will not register on, or provide access to, the Network if used at any other location.
3.4 The Service will only be provided in an area where there is MTN Fixed LTE coverage, and will only operate on LTE technology; it does not fall back to 3G or 2G technology.
3.5 The Service provides a public, dynamic IP address only. No static/fixed IP address value-added service is available on the Service.
3.6 No international data roaming is available on the Service.
4. Coverage
4.1 The Service is provided on a best-effort basis. Coverage maps published by RSAWEB or MTN are indicative only and do not guarantee coverage, signal strength or service quality at the Fixed Address.
4.2 Provision of the Service is subject to RSAWEB verifying MTN Fixed LTE coverage at the Fixed Address after your order has been placed. Should coverage not be available, or subsequently be found not to be available, at the Fixed Address, RSAWEB reserves the right to decline, delay or cancel the order.
4.3 The quality and availability of the Service may be affected by factors outside RSAWEB’s and MTN’s reasonable control, including local physical obstructions, weather, radio interference, Device placement, and the number of users concurrently using the Network in your area.
4.4 RSAWEB does not own or operate the underlying Network infrastructure and cannot guarantee an uninterrupted or fault-free service.
5. Uncapped Data, Fair Usage Policy and Throttling
5.1 The Service provides uncapped data. There is no Anytime/Night Express or other time-of-day data split, and RSAWEB does not allow any out-of-bundle data usage or charging on the Service.
5.2 Each MTN Fixed LTE product has an advertised maximum speed and a Fair Usage Policy (AUP) data threshold. Once your data usage in a calendar month reaches the AUP threshold applicable to your product, your speed will automatically be reduced (“throttled”) to the applicable throttled speed for the remainder of that calendar month.
5.3 Your speed will reset to the full advertised speed for your product at the start of the next calendar month, provided your Service remains active and in good standing.
5.4 The current advertised speeds and AUP thresholds applicable to each MTN Fixed LTE product are published at https://shop.rsaweb.co.za/faqs_fixed_lte/, which you should refer to for the most up-to-date information.
5.5 Once you have reached the AUP threshold for your product and been throttled in accordance with clause 5.2, you may purchase a data booster (“Booster”) to restore your speed to the full advertised speed for your product for the remainder of that calendar month. Booster denominations and pricing are published at https://shop.rsaweb.co.za/faqs_fixed_lte/.
5.6 Booster data does not carry over from one calendar month to the next, and you may purchase more than one Booster within a calendar month if required.
5.7 Advertised speeds are maximum, not guaranteed, speeds. Actual throughput will vary depending on the Network, your Device, your Fixed Address, and other factors outside RSAWEB’s control.
5.8 RSAWEB reserves the right to review and adjust the AUP thresholds, advertised speeds, throttled speeds and/or Booster pricing referred to above from time to time. Where any such change would materially and adversely affect you, RSAWEB will provide you with reasonable prior notice.
6. Devices and Routers
6.1 Devices are sold, not rented. There is currently no rental option for Devices used with the Service. You may make use of any payment facility offered by RSAWEB at checkout (for example, a credit facility allowing payment for the Device over a period of up to 36 months), but ownership of the Device passes to you in accordance with the payment method you select.
6.2 Only Devices supplied by, or approved by, RSAWEB and MTN may be used with the Service. MTN maintains a list of routers it has tested and approved for use on its network (“MTN’s Approved Router List”), which is published at https://shop.rsaweb.co.za/faqs_fixed_lte/.
6.3 The primary Device options available for you to select from at the time of your order will be displayed on the Service’s product page. RSAWEB may, at its discretion, substitute your selected Device with an alternative Device of equivalent or greater specification where the selected Device is temporarily out of stock. RSAWEB will make reasonable efforts to inform you if this occurs.
6.4 MTN does not provide technical support in respect of Devices procured through RSAWEB – RSAWEB provides all warranty and support for the Device directly to you in accordance with clause 6.6 below.
6.5 Where you elect to use your own Device from MTN’s Approved Router List, you may be subject to limited support as a result of compatibility limitations with RSAWEB’s systems and the Network’s configuration, and RSAWEB gives no warranty, express or implied, in respect of such Device.
6.6 Equipment supplied by RSAWEB carries a warranty against manufacturer defects for a period of 12 (twelve) months from delivery. This warranty does not cover user-induced or negligent damage, or damage caused by liquid or moisture intrusion. Where equipment supplied by RSAWEB becomes defective, you must return it to RSAWEB, who will have it repaired or replaced (which may be with refurbished equipment). You will be liable for the repair or replacement cost of equipment damaged through your own use.
6.7 Faulty SIM Cards will be replaced at no charge within the first 12 (twelve) months of the Service. RSAWEB does not perform SIM swaps on the Service.
6.8 The MTN Fixed LTE SIM Card is automatically included with, and forms a mandatory part of, every Service and cannot be deselected during the order process.
6.9 The risk of loss, damage or theft in any equipment passes to you upon delivery. In the event of theft or loss of a Device and/or SIM Card, you must report the loss or theft to the South African Police Service immediately and request RSAWEB to suspend the SIM Card.
7. RICA
7.1 The Service is subject to RICA. MTN may not activate any SIM Card unless the requirements of RICA have been complied with in full. RSAWEB does not pre-RICA the Service prior to delivery.
7.2 As per RICA, you must provide proof of your full name, surname, identity document number and residential address to a RICA officer when your SIM Card is delivered. Your RICA documents are collected by the courier upon delivery of the SIM Card and/or Device, who will act as RICA officer for this purpose.
7.3 RSAWEB will allow the Service to be activated once RSAWEB has received confirmation of RICA compliance from the RICA officer. Activation may take between 2 (two) and 24 (twenty-four) hours after RSAWEB has received the RICA documents. Failure to provide the required RICA documents at the point of delivery may delay or prevent activation of the Service, and RSAWEB will not be liable for any such delay.
8. Fixed Address and Relocation
8.1 The Service is locked to the Fixed Address recorded by RSAWEB at activation and cannot simply be moved or used at a different address.
8.2 Should you wish to relocate the Service to a new physical address, you must notify RSAWEB in writing at least 1 (one) calendar month before the intended move. Relocation is subject to RSAWEB verifying MTN Fixed LTE coverage at the new address and updating the location-locking register on the Network accordingly; the Service will not function at the new address until this has been completed. RSAWEB will only permit the Service to be relocated a maximum of 4 (four) times in any 12 (twelve) month period.
8.3 Where the new address falls outside MTN Fixed LTE coverage, RSAWEB will not be able to relocate the Service and you will need to cancel the Service in accordance with clause 11, subject to the cancellation terms set out there.
9. Payment and Billing
9.1 The Order Processing Fee, which is once-off and non-refundable, together with any once-off Device cost and your first month’s pro-rata Service fee, are payable upfront at checkout, as displayed at the time of your order.
9.2 The Service is billed monthly in advance from the date the Service is activated/delivered. Your first invoice will be pro-rated based on your Service’s activation date; where the Service is activated before the start of the next billing cycle, you will be liable for the full monthly subscription for that month.
9.3 Multiple payment methods may be available to you at checkout for once-off charges (such as the Order Processing Fee and any Device cost). Your recurring monthly Service fee, however, is collected by debit order only, and you will be required to provide valid debit order details as part of the order process.
9.4 RSAWEB reserves the right to charge a debit order return fee of R12,50 (excluding VAT) for each unsuccessful debit order transaction. Where 2 (two) consecutive debit orders are unsuccessful, RSAWEB reserves the right to automatically change your payment method to cash and terminate the debit order mandate.
9.5 If you pay by debit order or other electronic means, your bank or other third party acts as your agent, and you carry the risk of payment until RSAWEB actually receives it.
9.6 If you fail to make payment of any amount due by the due date, RSAWEB may suspend or cancel the Service in accordance with clause 11.
10. Upgrades and Downgrades
10.1 You may request to upgrade or downgrade your Service via the MyRSAWEB app or web portal. RSAWEB does not charge a penalty or fee for upgrading or downgrading. Requests must be submitted by the 16th of the month for the change to take effect from the following billing period, subject to any change in the base subscription cost.
10.2 You will retain any Booster data purchased for the then-current calendar month when upgrading or downgrading, subject to clause 5.6.
11. Suspension and Cancellation
11.1 Either party may cancel the Service by giving the other one calendar month’s written notice. Notice must be submitted in writing via the channel specified by RSAWEB from time to time (for example, by logging a ticket). You remain liable for all Service fees up to the effective date of cancellation.
11.2 If you fail to make payment of any amount due, RSAWEB may suspend the Service, in which case you will not have access to the internet. Provided the Service has been suspended only (and not cancelled), it can be reactivated using your existing SIM Card once all outstanding amounts have been paid in full – a new SIM Card is not required in this instance.
11.3 If the Service is cancelled – whether due to non-payment in accordance with clause 11.2, your own voluntary cancellation under clause 11.1, or because you have relocated to an address outside MTN Fixed LTE coverage under clause 8.3 – the Service cannot simply be reactivated. Should you wish to resume the Service after cancellation, a new SIM Card will need to be issued and shipped to you, and you will need to complete RICA registration again in full, before the Service can be restored. The standard Order Processing Fee (which remains non-refundable) and delivery timelines described elsewhere in these Product Terms will apply to this process.
11.4 You have the right to a cooling-off period of 5 (five) days from the date of Service activation, during which you may cancel the Service without penalty, subject to returning all hardware received as part of the agreement. The Order Processing Fee remains non-refundable in all circumstances, including during the cooling-off period.
11.5 RSAWEB reserves the right to recover any outstanding amounts, including amounts recoverable in respect of promotional value received within the applicable clawback period, and the value of any equipment supplied, including lost or damaged equipment (at its replacement value at the time of cancellation).
11.6 RSAWEB reserves the right, in its sole and absolute discretion, to terminate or suspend the Service where RSAWEB suspects abuse of the Network or the Service, fraud or criminal activity, or where your use is placing an unreasonable constraint on the Network which may impact the experience of other MTN customers.
12. Acceptable Use, Exclusions and Transfer
12.1 The Service excludes SMS, MMS, USSD, Voice and international data roaming (see clause 3).
12.2 The Service is provided for your own use at the Fixed Address and may not be resold, shared commercially, or used to provide a connectivity service to third parties without RSAWEB’s prior written consent.
12.3 Your use of the Service is subject to RSAWEB’s Acceptable Use Policy and Fair Usage Policy, available at https://www.rsaweb.co.za/legal/, as read with MTN’s own network management rights under its agreement with RSAWEB.
12.4 The MTN Fixed LTE price plan is not transferable to another person or customer.
13. Liability and Disclaimers
13.1 The Service is provided on an “as is” and “as available”, best-effort basis. RSAWEB does not guarantee uninterrupted, fault-free or continuous availability of the Service.
13.2 Neither RSAWEB nor MTN guarantees the speeds, coverage or quality referred to in these Product Terms; these are targets based on network conditions which may vary.
13.3 You are ultimately responsible for your use of the Service from activation onward, and RSAWEB will not be liable for any loss or damage resulting from your use of the Service, save to the extent required by law.
13.4 Where a callout is attributable to a fault caused by you, you will be charged a call-out fee.
13.5 RSAWEB’s cumulative maximum liability for all claims, actions, demands and proceedings arising from or in connection with the Service, irrespective of cause, is limited as set out in RSAWEB’s General Terms and Conditions.
14. Complaints
14.1 RSAWEB has a complaints resolution procedure that aims to address any dissatisfaction with the Service. Complaints can be lodged via RSAWEB’s contact centre on 087 470 0000, by logging a ticket, or via RSAWEB’s social media pages.
14.2 RSAWEB will acknowledge your complaint within 48 hours and provide you with a reference number, and will investigate and provide feedback on the complaint within 14 calendar days.
14.3 If you are not satisfied with the resolution of your complaint, you have the right to refer the matter to the Internet Service Providers’ Association (ISPA) at [email protected], or to the Independent Communications Authority of South Africa (ICASA) at www.icasa.org.za.
15. General
15.1 RSAWEB may amend these Product Terms, or modify, suspend or discontinue the Service, from time to time, with notice, without liability to you or any third party. Where a change materially and adversely affects you, RSAWEB will provide reasonable notice before the change takes effect.
15.2 You should check the RSAWEB website (https://www.rsaweb.co.za) regularly for notices, updates and/or changes to products and services. Changes will be posted on the RSAWEB website, and your continued use of the Service after a change is posted will be regarded as your acceptance of the amended terms.
15.3 These Product Terms are governed by the laws of the Republic of South Africa.
15.4 The activation of the Service will be considered your acceptance of all terms and conditions applicable to the Service.
