WEB PRODUCTS

PLEASE NOTE: These product or service specific terms and conditions must always be read together with our General Terms and Conditions, which will always apply to your use of this product or service.

Products Terms and Conditions:
MWEB 3G Service Terms

1 DEFINITIONS

1.1 Unless the context clearly indicates the contrary, any term defined in the General Terms and Conditions when used herein, shall bear the same meaning as defined in the General Terms and Conditions.
In these 3G Service Terms:

1.1.1 "Blacklist" means the disablement, by electronic or other means, of your SIM and/or Data Card and/or USB modem or whatever other mechanism you utilize to connect to the internet, thereby preventing the unauthorized use thereof;
1.1.2 "Call Centre" means our dedicated customer service centre which is available on 087 700 0777, available 365 days a year ;
1.1.3 "CELL C" means CELL C Service Provider Company Pty Ltd, which supplies access to the Network;
1.1.4 "Data Bundle" means the data package specifying the amount of data selected by you;
1.1.5 "Data Card" means a PCMCIA card or USB device which is required to access the Network;
1.1.6 "Equipment" means the hardware which is required to access the System and includes (without limitation) a Data Card, router and such other device or devices as may be required for this purpose from time to time;
1.1.7 "Greylist" means the flagging on the System of a SIM and/or Data Card and/or USB modem for purposes of the identification of your Subscriber Number in order to facilitate the possible tracing and recovery of your SIM and/or Data Card and/or USB modem under circumstances where your SIM and/or Data Card and/or USB modem have been stolen;
1.1.8 "IMEI Number " means the International Mobile Equipment Identity Number unique to and used to identify your mobile phone;
1.1.9 "Initial Period" means the period selected by you on the Application Form, which will commence on the Activation Date;
1.1.10 "Monthly Access Fee" means the monthly subscription fee paid by you to us in consideration for the Service as recorded in the Application Form;
1.1.11 "MSISDN" means the unique mobile station integrated services digital network number allocated to you for the purpose of obtaining the Service;
1.1.12 "Network" means the mobile cellular electronic communications network operated by the Network Operator;
1.1.13 "Network Coverage" means the geographical area within which the Service can be accessed and used by you;
1.1.14 "Network Operator" means VSP or MTN or CELL C whichever is selected by you on the Application Form;
1.1.15 "Service" means the 3G Wireless Broadband Internet Service provided to you in terms of this Agreement;
1.1.16 "Services Charges" means the different fees for the Service as recorded in clause 7 below;
1.1.17 "Service Website" means www.mweb.co.za/myaccount;
1.1.18 "SIM Card" means your identity module card (incorporating a ICC-ID and MSISDN), which bears your MSISDN and enables you to access the System;
1.1.19 "VSP" means Vodacom Service Provider Company Pty Ltd, which supplies access to the Network; and
1.1.20 "MTN" means Mobile Telephone Networks Pty Ltd, which supplies access to the Network.

2 MWEB's Obligations
MWEB will:

2.1 procure the delivery of the Equipment to you if applicable;
2.2 provide you with the internet connectivity selected by you in the Application Form;
2.3 make Call Centre support available to you;
2.4 bill you for the Service;
2.5 collect the Service Charges from you; and
2.6 promptly upon notification from you lock or temporarily disconnect a lost, stolen, damaged or destroyed SIM Card.

3 Your Obligations

3.1 If not already provided by us in terms of this Agreement, you require a Computer, a Router (optional), a Data Card and/or USB modem and a SIM Card to use the Service.
3.2 You are required to ensure that the Equipment that you intend to use in order to receive the Service is compatible with our technical specifications, which are available on our website.
3.3 You must contact our Call Centre within 48 (forty eight) hours of delivery of the Data Card or USB Modem to you in order to activate the provisioning of the Service, failing which we will activate the account and you will be liable for all amounts due whether or not you have started using the Service.
3.4 In the event of the theft of your Data Card and/or USB modem, you will request us to Blacklist or Greylist your Data Card and/or USB modem.
3.5 You must notify us of the theft, loss, damage to or destruction of your SIM Card. Upon notification your liability hereunder will be limited to payment of the Monthly Access Fees relative to the SIM Card for the remainder of the Initial or Renewal Period, as the case may be.
3.6 You shall notify us forthwith in writing or via our Service Website of any change to your information or details.
3.7 You agree that we may use and make your information available to the Network Operator to maintain a comprehensive and accurate database of our Subscribers, and for such other purposes as we may require in order to give effect to our obligations under the Agreement.

4 Value Added Services

4.1 MWEB will provide you with a Mailbox and MWEB e-mail address free of charge.
4.2 The mailbox service is provided to you subject to the terms and conditions applicable to mailboxes which are at http://www.mweb.co.za/legalpolicies. Please ensure that you are familiar with the terms and conditions governing the use of our mailbox service. If you do not agree to any of the terms you may not utilise the mailbox service.
4.3 It lies within the discretion of MWEB to terminate the provisioning of one or more of the value added services during the term of the Agreement, or not to provide the value added service at all. You will be notified in the event of a termination of a value added service.

5 Monitoring usage

5.1 We do not guarantee the efficiency of any monitoring service and you remain responsible for the monitoring and controlling of your usage of the Service. We accordingly do not accept responsibility if you exceed your Bundle, and we will charge you for such usage at our prevailing rates monthly in arrears.
5.2 If you are exceeding your usage, we reserve the right to suspend your access to the Service.

5.3 You are entitled to upgrade to a higher internet traffic package offered as part of the Service at certain times during the Initial Period or a Renewal Period.
5.4 You are entitled to downgrade to a lower internet traffic package, provided that such downgrade is not done within the first 3 (three) months immediately following the Activation Date. A downgrade will attract a variable penalty fee, please contact us to verify such penalty fee.

6 Equipment

6.1 We reserve the right, without cost or penalty to ourselves, to vary any name, code or number relating to or used in connection with the Service offered to you.
6.2 All rights of ownership attaching to your MSISDN and SIM Card shall at all times remain vested in the Network Operator.
6.3 Risk in and the responsibility for the Data Card and/or USB modem and SIM Cards will pass to you on delivery thereof. You are required to put insurance in place for the Data Card and/or USB modem.
6.4 All rights of ownership attaching to the Data Card and/or USB modem will vest with us during the Initial Period or the Renewal Period, as the case may be. Upon the expiry of the Initial Period or the Renewal Period, as the case may be, ownership of the Data Card and/or USB modem, but excluding the software contained in the Data Card and/or USB modem (the use of which is licensed to you by the Network Operator), will pass to you provided that you have made payment in full of all amounts of whatsoever nature due by you to us during the Initial Period or the Renewal Period.

7 Payment

7.1 You will be liable for payment of the following Service Charges:

7.1.1 The charge for the SIM Card and connection to the Network – this is a once-off charge;
7.1.2 Monthly Access Fee (under which your Data Card and/or USB modem and Data Bundle is pro rated) – you will be billed for this monthly in advance;
7.1.3 Call Charges or Usage Charges (including out of bundle data usage) – you will be billed for data and call charges in respect of any other services (for example SMS's) monthly in arrears based on your usage.

7.2 When you exceed your Data Bundle, we will charge you for additional data at our out of bundle data rates as set out on your Application Form.

7.2.1 Your out of bundle data usage may, depending on your choice of Data Bundle, be subject to a threshold referred to as your "Automatic Credit Limit". Once you reach your Automatic Credit Limit we will suspend your access to the Service until the beginning of the next month when you will have access to your Data Bundle again. Should you however require use of the Service following the suspension thereof, i.e. during the course of the present month, you will be able to increase your Automatic Credit Limit by contacting our Call Centre. The new increased threshold will then become your Automatic Credit Limit. Should you reach your new Automatic Credit Limit, we will again suspend your access to the Service, unless you again increase your Automatic Credit Limit as contemplated above. You may increase your Automatic Credit Limit any number of times during the course of a month.
7.2.2 We do not guarantee the efficiency of the credit limit or that it will be imposed at all, and make no representations in this regard.
7.2.3 A booster, or part thereof, not used during the course of a calendar month will be carried over to the next calendar month.

7.3 The Service Charges include value-added tax (VAT) which shall be borne and paid for by you.
7.4 You will make payment of the Services Charges to MWEB in accordance with the procedure set out at http://www.mweb.co.za/services/myaccount.
7.5 The Monthly Access Fee in the first month of subscription will be pro-rated where the Service is not activated at the beginning of the calendar month.
7.6 The Network Operator and/or MWEB may, in the event that you fail to make payment of any amount due to us by you (and irrespective of whether ownership in the Data Card and/or USB modem has passed to you), Blacklist your Data Card and/or USB modem and/or your SIM Card, as a result of which you will not be able to access the Network. In the event of your SIM card or Data Card being stolen you can request us to list such device on the Greylist or Blacklist.
7.7 We furthermore reserve the right to levy a reasonable charge for the Blacklisting or removal of your device from the Blacklist. Such charge will be due and payable by you within 30 (thirty) days of the date of our invoice.
7.8 MWEB will not be liable for any claim or liability of whatsoever nature arising from the Blacklisting or Greylisting of your Data Card and/or USB modem and/or SIM Card as provided for in this clause 7.

8 MTN UNCAPPED LITE AND MTN UNCAPPED PRO (This section is applicable to MTN Uncapped Lite and Uncapped Pro only)

8.1 If you exceed your Data Bundle we will not charge you for additional data used and out of bundle rates will be R0.00.
8.2 If you exceed your Data Bundle the connection speed will be reduced to no more than 128 kilobits per second ("the out of bundle connection speed") with which you will be able to download further data, at no additional cost.
8.3 Should you exceed your Data Bundle and experience the out of bundle speed, you have the option to purchase a booster (once off Data Bundle), if you do so your out of bundle connection speed will increase to the regular connection speed available for within Data Bundle users. Upon depletion of the extra Data Bundle(s) purchased the speed will again be reduced to the out of bundle connection speed.
8.4 Except for clauses 5.1, 5.2, 7.2 above, all other clauses above will apply equally to MTN Uncapped Lite and Uncapped Pro products.

9 MWEB MTN MONTH TO MONTH (This section is only applicable to MWEB MTN Month to Month products subscribed to and not to any other products continuing month to month after the Initial Period)

9.1 You will be liable for the full monthly charges where the Service is not activated at the beginning of the month and billing will not be pro-rated.
9.2 You may terminate this Service on one calendar month's notice, which termination will take effect on the first day of the month immediately following the end of the applicable notice period.
9.3 Once you reach your Data Bundle limit you will have no access to the Service until the beginning of the next month when you will have access to your monthly Data Bundle again. Should you require access to the Service once you reach your limit during the course of a month, you will be able to buy a booster.
9.4 Except for clauses specifically amended under this clause 9, such as clauses 7.2 and 7.5 above, all other clauses above will apply equally to this month to month product, where applicable.

10 CELL C (This section is applicable to CELL C Products only)

10.1 For CELL C products the booster and the process in clause 7.2.1 may not be available, and in the latter event the following Automatic Credit Limit process will be available: Your out of bundle data usage may, depending on your choice of Data Bundle, be subject to a threshold referred to as your "Automatic Credit Limit". Once you reach your Automatic Credit Limit we will suspend your access to the Service until the beginning of the next month when you will have access to your Data Bundle again. Should you however require use of the Service following the suspension thereof, i.e. during the course of the present month, you will be able to replenish your Automatic Credit Limit by paying to us an amount up to the value of the Automatic Credit Limit used. Once you have furnished us with proof of payment and contacted our Call Centre to verify same and to access use, the replenished amount will be available for use. Once you have used the replenished amount up to the Automatic Credit Limit, we will again suspend your access to the Service, unless you again replenish your Automatic Credit Limit as contemplated above. You may replenish your Automatic Credit Limit any number of times during the course of a month.
10.2 Except for the fact that the booster and the process in clause 7.2.1 above may not be available, all clauses (including sub-clauses) in sections 1 to 7 above, will apply equally to CELL C products. If the booster or the process in clause 7.2.1 is made available to you then in such event clauses 7.2.1 and 7.2.3 shall apply.