Products Terms and Conditions :
MWEB Wireless Broadband Terms and Conditions (Vodacom 3G)
1. Interpretation
1.1. Unless the context clearly indicates the contrary, any term defined in the Subscriber Terms when used herein,
shall bear the same meaning as defined in the Subscriber Terms.
1.2. To the extent that there is any contradiction between the Subscriber Terms and these Terms and Conditions
the following order of precedence shall apply: (i) these Terms and Conditions; and (ii) the Subscriber Terms.
1.3. Unless the context clearly indicates to the contrary, the following words bear the meanings ascribed thereto
below:
1.3.1. Agreement means the Application Form, the General Terms and these Terms and Conditions;
1.3.2. Application Form means the application form completed and signed by you for the initiation of the
Service;
1.3.3. Blacklist means the disablement, by electronic or other means, of your SIM and/or Data Card, thereby
preventing the further use thereof;
1.3.4. Call Centre means our dedicated customer service which centre is available on 08600 32000;
1.3.5. Connection Date means the date on which the Service is activated for use by you;
1.3.6. Data Card means a PCMCIA card or USB device used to access the Network;
1.3.7. Electronic Communications Act means the Electronic Communications Act no 36 of 2005, as
amended;
1.3.8. Equipment means the hardware that you require to access the System and may include without
limitation a Data Card, router and such other device or devices as may be required for this purpose
from time to time;
1.3.9. The General Terms means the terms available on www.mweb.co.za;
1.3.10. Greylist means the flagging, on the System, of a SIM and/or Data Card, 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;
1.3.11. Hardware Upgrade means the supply of a new Data Card to you upon the expiry of an Initial Period of
at least 24 (twenty four) months, against payment of any charges therefore and the simultaneous
renewal of your subscription to the Service for a further minimum period of 24 (twenty four) months;
1.3.12. Initial Period means the period selected by you on the Application Form, which will commence on the
Connection Date;
1.3.13. Network means the cellular network operated by the Network Operator;
1.3.14. Network Coverage means the geographical area within which the Service can be accessed and used
by you;
1.3.15. Network Operator means Vodacom (Pty) Ltd;
1.3.16. Service means the 3G Wireless Broadband Internet Service provided to you;
1.3.17. Services Fees means the consideration due and payable by you for the Service as recorded on the
Application Form;
1.3.18. SIM Card means your identity module card, which bears your Subscriber Number and enables you to
access the System;
1.3.19. System means the digital cellular mobile telecommunications system of the Network Operator;
1.3.20. Subscriber number means the mobile station integrated services digital network number allocated to
you for the purpose of obtaining the Service;
1.3.21. Subscriber Terms means the subscriber terms and conditions of use which are available at
http://www.mweb.co.za;
1.3.22. use includes (without limitation) accessing, retrieving, downloading, logging on to, subscribing to or
viewing the Service;
1.3.23. VSP means Vodacom Service Provider Company (Pty) Ltd, which supplies access to the Network;
1.3.24. we, us, our and MWEB means MWEB Connect (Pty) Ltd, its affiliates and subsidiaries;
1.3.25. Website means our website which is located at http://www.mweb.co.za;
and
1.3.26. You means the subscriber to the Service.
2. Duration and Termination
2.1. The Service shall commence on the Connection Date and shall remain in force for the Initial Period, where
after it shall continue indefinitely subject to termination by either party on 60 (sixty) days written notice to the
other, save where the Initial Period is renewed in the event of a Hardware Upgrade (“a Renewal Period”).
2.2. Either party may cancel the Agreement after the expiry of the Renewal Period, by giving the other 60 (sixty)
days notice in writing.
2.3. In the event of termination by you prior to the expiry of the Initial Period, or a Renewal Period, as the case may
be, we will be entitled to claim payment from you for the balance of the Monthly Access Fees due in respect of
the Initial Period or Renewal Period, as the case may be.
2.4. In the event of a termination of the Agreement, your Use of the Service shall terminate. However, in the event
that you Use the Service following a termination, these terms and conditions will apply and you shall be
liable for payment to MWEB of the applicable Service Fee. This shall in no way constitute a revival of the
Agreement, and MWEB shall be entitled to terminate the Service without notice to you.
3. MWEB’s Obligations
MWEB will:
3.1. Procure the delivery of the Data Card and SIM Card to you;
3.2. Provide you with the Internet Connectivity selected by you in the Application Form;
3.3. Make Call Centre support available to you;
3.4. Bill you for the Service;
3.5. Collect the Services Fees from you; and
3.6. Promptly upon notification from you lock or temporarily disconnect a lost, stolen, damaged, or destroyed SIM
Card from the System.
4. Value Added Services
MWEB will provide you with the value added services listed below free of charge:
4.1. Mailbox and MWEB e-mail address
4.1.1. The mailbox service is provided to you subject to the terms and conditions applicable to mailboxes
available at http://www.mweb.co.za/legalpolicies/Home/ServicesMailboxrules/tabid/678/Default.aspx.
4.1.2. You accept full responsibility for the content of any e-mail sent and/or received via the Service.
4.1.3. In order to keep our mail servers efficient, the following restrictions will apply to your mailbox:
4.1.3.1. any mail that has not been retrieved (downloaded) from our mail server after 90 days, will be
purged unless you have stored the mail on a folder you have created on the MWEB message
centre;
4.1.3.2. if your mailbox size is 1 Gig or larger, MWEB will not purge your mail;
4.1.3.3. if you exceed your mailbox size, no new mail or attachments will be delivered to your mailbox.
You will, however, be able to receive mail again if you either delete mail and/or attachments
from your mailbox or by purchasing additional space;
4.1.3.4. subject to any other technical limitations, MWEB restricts the size of an individual mail, sent or
received, to 10Mb per mail; and
4.1.3.5. the number of recipients on your mailing list may not exceed 20 (twenty).
4.2. Wi-Fi Minutes
4.2.1. MWEB will provide you with 300 (three hundred) free monthly minutes at the beginning of each month
to enable you to connect to the Internet at MWEB wi-fi enabled hotspots.
4.2.2. You acknowledge and agree that:
4.2.1.1. in the event that you have used all your free monthly wifi minutes, you may contact our Call
Centre to purchase additional wifi minutes;
4.2.1.2. you will have to use all wifi minutes provided to you during the course of a month; and
4.2.1.3. no unused wi-fi minutes will be carried over to the following month.
4.3. Virus scan and Anti spam protection
4.3.1. The Service provides you with a virus scan for incoming and outgoing emails, as well as an anti spam
protection service.
4.3.2. You acknowledge that MWEB does not warrant, represent and/or guarantee the efficiency of the virus
scan or that the spamming of e-mails, content and/or data sent via the Service will be successful.
4.4. It lies within the discretion of MWEB to terminate the provision 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 termination of a value added service.
5. Your Package
5.1. You have selected the package reflected under “Services” on the Application Form. This is referred to as your
“bundle”.
5.2. When you exceed your bundle, we will charge you for additional data at a rate of R 1.20 per megabyte (or R
1,00 per megabyte on the 3 Gig and 5 Gig packages), up to a maximum of R 1000 (one thousand Rand). The
R 1000 (one thousand Rand) threshold is referred to as your “automatic credit limit”. Once you reach your
automatic credit limit we will suspend your access to the Service. You are entitled to increase your automatic
credit limit by contacting our Call Centre. We do not guarantee the efficiency of the automatic credit limit and
you remain responsible to monitor your usage of the Service.
5.3. You are entitled to upgrade to a higher Internet traffic package offered as part of the Service at any time 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 3 (three) months from the Connection Date. A downgrade will attract a variable penalty fee.
6. Your Obligations
6.1. You require a Laptop / PC, a Router (optional), a Data Card and a SIM Card to use the Service.
6.2. You are required to ensure that the hardware that you intend to use in order to receive the Service, are
compatible with our technical specifications, which are available on our Website.
6.3. You should contact our Call Centre within 48 (forty) eight hours of delivery of the Data Card to you, in order to
activate the provision of the Service, failing which your Subscriber Number will be withdrawn and this
agreement will terminate with immediate effect. You will however remain liable for payment of all amounts
due by you under the Agreement.
6.4. In the event of theft of your Data Card, you will request us to blacklist or greylist your Data Card.
6.5. You will 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.
6.6. Without limiting the Subscriber Terms, you:
6.6.1. agree not to use the Service or for any improper, immoral, unlawful or any other purpose including,
without limitation, the use of the Service in any manner that: (i) interferes with MWEB’s and/or the
Network Operator’s ability to provide the Service or any other service to its customers; (ii) interferes
with the quality and/or availability of the Network; or (iii) infringes upon any applicable legislation
and/or regulation including without limitation the Electronic Communications Act;
6.6.2. agree not to use the Service to infringe the intellectual property rights or other proprietary rights of
MWEB and/or any other person or to post or transmit anything which contains viruses or any other
destructive features, regardless of whether or not damage is intended; and
6.6.3. agree not to act or omit to act in any way which may damage any property or the System or however
cause the quality of the Service to be impaired.
6.7. You shall notify us forthwith in writing of any change to your information or details.
6.8. You agree that we may use and make your information available to VSP to maintain a comprehensive and
accurate database of our Subscribers.
7. Equipment
7.1. 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, and you indemnify us against any liability of any nature
whatsoever arising in connection with such action.
7.2. All rights of ownership attaching to your Subscriber Number and SIM Card shall at all times remain vested in
VSP.
7.3. Risk in and the responsibility for the Data and SIM Cards will pass to you on delivery thereof. You are
required to put insurance in place for the Data Card.
7.4. All rights of ownership attaching to the Data Card will vest with the VSP 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 will pass to you provided that:
7.4.1. 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 ; and
7.4.2. you did not receive a Hardware Upgrade during the Initial Period
8. Payment
8.1. You will be liable for payment of the following Service Fees:
8.1.1. The charge for the SIM Card and connection to the System– this is a once-off charge;
8.1.2. Monthly Access Fee (under which your Data Card is pro rated) – you will be billed for this monthly in
advance;
8.1.3. Call Charges- you will be billed for data and call charges in respect of any other services (for example
SMS’es) monthly in arrears based on your usage
8.2. The Service Fees exclude value-added tax which shall be borne and paid by you.
8.3. You will make payment of the Services Fees to MWEB in accordance with the procedure set out at
http://www.mweb.co.za/services/myaccount
8.4. The Access Fee and Data in the first month of subscription will be pro rated, where the Service is not
activated at the beginning of the calendar month.
8.5. We reserve the right to amend the charges and fees payable by you from time to time on 1 (one) month’s
notice to you, subject to the condition that any variation in the charges and fees will correspond with those
charges and fees approved by the South African regulatory authority.
8.6. You acknowledge and agree that MWEB shall be entitled to levy usage charges for each megabyte of Internet
Connectivity in excess of your bundle as particularized in clause 5.2 above. Excess Usage Charges will be
billed for monthly in arrears.
8.7. All payments made by you shall be made free of deduction, bank charges or commission. You will not have
the right to withhold any payment or to set off or reduce such payment by reason of any claim which you may
have or aver to have.
8.8. Failure to effect payment as provided for hereunder may result in the suspension or termination of the
provision of the Service to you. Under these circumstances you will forfeit access to and Use of the Service,
but remain liable to pay the balance of the Monthly Access Fees due under the Agreement.
8.9. VSP and/or MWEB may in the event of default on payment of any amount due by you (and irrespective of
whether ownership in the Data Card has passed to you), blacklist your Data Card and/or your SIM Card, as a
result of which you will not be able to access the System.
8.10. We furthermore reserve the right to levy a reasonable charge for the blacklisting or removal from the blacklist
on your request of your Data Card and/or SIM Card. Such charge will be payable by you within 30 (thirty) days
of invoice.
8.11. You indemnify us against any claim or liability of whatsoever nature arising from the blacklisting of your Data
Card and/or SIM Card as provided for in this clause 8.
9. Disclaimer
9.1. MWEB undertakes to use its reasonable endeavours to facilitate the provision of the Service to you on a 24
(twenty four) hours per day basis on each and every day for the duration of the Agreement.
9.2. You nevertheless acknowledge and agree that:
9.2.1. service quality, coverage and availability of the Service is limited to that provided by the System and the
Service may, from time to time, be adversely affected by physical features such as buildings and
underpass as well as atmospheric conditions and other causes of interference; and
9.2.2. you shall not hold us liable for the non-availability of the Service or an alleged inadequacy of the quality
thereof.
9.3. Without derogating from the generality of the aforegoing, you hereby indemnify us and hold us harmless
against any loss, liability, cost or damage suffered by you or any third party, as the case may be, in relation to
the provision of he Service, the operation of the System, including but not limited to any indirect, contingent or
consequential loss, including loss of revenue, loss of data, loss of business and loss of profit, howsoever
arising.
9.4. All warranties conditions or other terms, whether express, implied or tacit, by statute, common law or
otherwise, as to the quality of the Service, the SIM Card, your Subscriber Number or their fitness for any
particular purpose are hereby expressly excluded and we shall not be liable for any indirect or consequential
claims, damages, expenses, costs, loss of profit, or any other claims arising out of any negligence or other
act or omission or any breach or contract or statutory duty by MWEB, its employees or agents.
9.5 . You further acknowledge that: (i) MWEB does not warrant, represent nor in any way guarantee the quality and
availability of the Network Coverage for the Service; (ii) the quality and availability of the Network Coverage for
the Service shall be limited to that provided by the Network.
10. Termination of Network Operator Agreement
You agree that if the agreement between MWEB and VSP terminates then MWEB may, at its discretion:
10.1. terminate the provision of the Service without liability to you on notice in writing;
10.2. transfer the provision of the Service to a third party service provider and assign this Agreement to such third
party; or
10.3. assign this Agreement to the Network Operator.
11. Warranty
The Data Card is subject to a 24 (twenty four) month manufacturer’s warranty.
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