RSAWEB MTN FIXED LTE Terms and Conditions

General Terms

1. 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. 
2. 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. 
3. 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. 
4. 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

1. 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. 
2. 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. 
3. The RSAWEB MTN FIXED LTE service will only be available on LTE technology, it will not fall back to 3G or 2G technology. 
4. RSAWEB MTN FIXED LTE service will only provide a public dynamic IP address, and no fixed IP address VAS is allowed. 
5. RSAWEB MTN FIXED LTE service does not support traditional mobile voice, SMS and USSD services. 
6. 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. 
7. RSAWEB can only provide MTN FIXED LTE services in an area where there is MTN SA Fixed LTE coverage. 
8. 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. 
9. 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;
   ii. RSAWEB Privacy Policy
   iii. RSAWEB Acceptable Use Policy and Fair Usage Policy
   iv. Terms and Conditions applicable to a specific promotion. 
10. The abovementioned terms and conditions, and policies are available and accessible at https://www.rsaweb.co.za/legal/ 
11. 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

1. 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. 
2. 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 – 05:59 only. 
3. 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. 
4. 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 05:59)
   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

1. Customers can place orders for RSAWEB MTN FIXED LTE either online through the RSAWEB website, or through an authorised representative of RSAWEB. 
2. All orders, placed online or through an authorised representative, are subject to acceptance by RSAWEB. 
3. 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. 
4. 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. 
5. The order is accepted when the Customer’s RSAWEB MTN FIXED LTE Account is delivered. 
6. 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. 
7. 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. 
8. 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. 
9. 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. 
10. 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. 
11. The activation of the service will be considered acceptance of all the terms and conditions applicable to the service. 

Contract Commencement and Duration

1. The RSAWEB MTN FIXED LTE contract commences on the date of delivery. 
2. 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. 
3. 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. 
4. 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. 
5. 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

1. 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
    
2. 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. 
3. 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. 
4. 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. 
5. 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. 
6. f. 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. 
7. Equipment supplied by RSAWEB carries a warranty for defects for a period of 12 (twelve) months. 
8. The warranty only applies to manufacturer defects and not user-induced and/or negligent damage; or damage caused by liquid or moisture intrusion. 
9. If equipment supplied by RSAWEB becomes defective:
   i. the Customer must return the equipment to RSAWEB.
   ii. RSAWEB will have the equipment repaired or replaced. 
10. RSAWEB reserves the right to replace equipment with refurbished equipment. 
11. Faulty SIM cards will be replaced at no charge within the first 12 (twelve) months. 
12. RSAWEB will not perform any SIM-swaps 
13. The Customer will be liable for repair or replacement costs to faulty equipment if the damage to the equipment is user-induced. 

Billing and Payment

1. 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. 
2. RSAWEB will bill the Customer for monthly subscription charges in advance from the time the service has been delivered. 
3. 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. 
4. The Customer will be billed in advance for any additional hardware and services, including Top-Up data purchases. 
5. The Customer must pay amounts due into RSAWEB ’s bank account within 2 (two) business days of the invoice date. 
6. 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. 
7. RSAWEB reserves the right to charge a debit order return fee of R12,50 (excluding VAT) for each unsuccessful debit order transaction. 
8. 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. 
9. 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

1. 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. 
2. 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. 
3. A suspended RSAWEB MTN FIXED LTE Account may be reactivated subject to payment of the full outstanding amounts due. 
4. 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. 
5. 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. 
6. 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

1. RSAWEB MTN FIXED LTE packages will not incur penalties or charges for upgrades or downgrades. 
2. 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. 
3. The subscriber shall retain any applicable carry-over data accumulation when upgrading or downgrading. 

Relocation and Cancellation Rules

1. 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. 
2. 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. 
3. 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.
4. 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

Service: Interruptions and Support

1. Due to the nature of the mobile network, RSAWEB makes no guarantees on service quality and availability. 
2. 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. 
3. 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. 
4. 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. 
5. The RSAWEB contact centre is available on 087 470 0000 
6. Where a callout can be attributed to a fault caused by the Customer, the Customer will be charged a call-out fee. 
7. Changes to the Service and, Terms and Conditions
8. 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. 
9. 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. 
10. 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

1. 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. 
2. Any acts or omissions by RSAWEB and its representatives or agents, that are beyond its control. 
3. The Customer’s use of any equipment supplied to him by RSAWEB. 
4. 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. 

Complaints Handling Procedure

1. RSAWEB has a complaints resolution procedure that aims to address any dissatisfaction with its products and services. 
2. Complaints can be communicated via email and on our social media pages. 
3. RSAWEB will acknowledge your complaint within 48 hours and provide the Customer with a reference number. 
4. RSAWEB will investigate and provide feedback on the complaint within 14 calendar days. 
5. 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

ii. the Independent Communications Authority to South Africa (ICASA) on www.icasa.org.za.