WEB PRODUCTS

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 Mobile Data

1. DEFINITIONS

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. To the extent that there is any contradiction between the General Terms and Conditions and these Product Terms the following order of precedence shall apply: (i) these Product Terms; and (ii) the General Terms and Conditions.

In these MWEB Mobile Data Product Terms:

1.1 "Blacklist" means the disablement, by electronic or other means, of your SIM Card and/or Modem or whatever other mechanism you utilize to connect to the internet, thereby preventing the unauthorized use thereof;

1.2 "Call Centre" means our dedicated customer service centre on 087 700 0777, available 365 days a year;

1.3 "Data Bundle" means the data package specifying the amount of data selected by you;

1.4 "Magii Offer" means the Data Bundle offered as part of the Magii Huawei device promotion;

1.5 "Modem" means a PCMCIA card or USB modem or device which is required to access the Network;

1.6 "Greylist" means the flagging on the Network or system of a SIM Card and/or Modem for purposes of the identification of your Subscriber Number in order to facilitate the possible tracing and recovery of your SIM Card and/or Modem under circumstances where your SIM Card and/or Modem have been stolen;

1.7 "IMEI Number" means the international mobile equipment identity number unique to and used to identify your mobile phone;

1.8 "Initial Period" means the period selected by you on the Application Form, which will commence on the Activation Date;

1.9 "Monthly Access Fee" means the monthly subscription fee paid by you to us in consideration for the Service as recorded in the Application Form;

1.10 "MSISDN" or "Subscriber Number" means the unique mobile station integrated services digital network number allocated to you for the purpose of obtaining the Service;

1.11 "Network" means the mobile cellular electronic communications network operated by the Network Operator;

1.12 "Service" means the wireless MWEB Mobile Data Service selected by you on the Application Form and provided to you in terms of the Agreement;

1.13 "Service Charges" means the different fees for the Service as recorded in clause 7 below;

1.14 "SIM Card" means your subscriber identity module card (incorporating an ICC-ID and MSISDN), which bears your MSISDN and enables you to access the Network.

2. The Services and MWEB’s Obligations

2.1 MWEB will:

2.1.1 procure the delivery of the Equipment to you if applicable;

2.1.2 provide you with the Services selected by you on the Application Form;

2.1.3 make Call Centre support available to you;

2.1.4 bill you for the Service, where applicable;

2.1.5 collect the Service Charges from you, where applicable; and

2.1.6 promptly upon notification from you, lock or temporarily disconnect a lost, stolen, damaged or destroyed SIM Card.

2.2 We and the Network Operator take reasonable measures to ensure that the Services are available on a continuous and consistent basis but we cannot guarantee a continuous and fault free Service, and as such the Service is provided "as is" and we shall not be liable for any loss suffered by you due to inconsistency or delay in the Service. The Services are only available within the range of base stations that make up the Network. The quality and availability of the Services may sometimes be affected by factors outside our control or the control of the Network Operator, including but not limited to:

2.2.1 local physical obstructions;

2.2.2 bad weather;

2.2.3 radio interference;

2.2.4 the features or functionality of your particular equipment or goods;

2.2.5 the number of people trying to use the Network at the same time i.e. a national emergency or faults in other telecommunication networks to which the Network is connected; or

2.2.6 transmission links and other network hardware failure.

2.3 The Network Operator provides coverage maps and uses its best efforts to show the extent of the Network Coverage, however the coverage maps are not a guarantee of the quality of service or Network Coverage as it may at times vary from place to place.

3. Your Obligations

3.1 If not already provided by us in terms of the Agreement, you require an internet enabled device, a 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 SIM Card to you in order to activate the Service, failing which we may activate the account and you may be liable for all amounts due whether or not you have started using the Service.

3.4 In the event of loss or theft of your Modem and/or SIM Card, you will request us to Blacklist or Greylist your Modem and/or SIM Card.

3.5 You must immediately 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 Fee relative to the SIM Card for the remainder of the Initial Period or Renewal Period, as the case may be.

3.6 You agree and consent that we may use and make your information available to the Network Operator to maintain a comprehensive and accurate database of our Subscribers, to investigate suspected fraudulent activities, investigate complaints, and for such other purposes as we may require in order to give effect to our obligations under the Agreement and the agreement with our Network Operator.

3.7 The end user of the Service must be a natural person with a genuine intention to use the Service on an ongoing basis.

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.

4.4 If you participate in the Magii Offer and you do not upgrade to one of MWEB’s other Data Bundles you will lose your email address at the end of the Initial Period.

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 Data Bundle, and we will charge you for such usage at our prevailing rates monthly in arrears.

5.2 If you exceed your Data Bundle 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.

5.5 If you are participating in the Magii Offer, should you exceed your Data Bundle, the Service will end. You will not be able to continue in out of bundle usage and will have to contact our Call Centre to upgrade to a new Data Bundle. You will be required to provide billing information and details as part of this process, as if you were subscribing to a new product with MWEB.

6. Equipment

6.1 We or the Network Operator, reserve the right, without cost or penalty to ourselves, to vary or alter any name, code, number, SIM Card and MSISDN relating to or used in connection with the Service offered to you. You may not tamper or permit tampering with the SIM Card or IMEI Number or any branding thereon.

6.2 All rights of ownership attached 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 Equipment, Modem and/or SIM Cards will pass to you on delivery thereof and you will be liable for the costs of replacing same.

6.4 All rights of ownership attaching to the Modem will vest with us during the Initial Period or the Renewal Period, as the case may be. Upon the expiry thereof, as the case may be, ownership of the Modem, but excluding the software contained in the 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.

7. Payment (Not applicable to the Magii Offer)

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 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 Data Bundle 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 Data Bundle rates as set out on the Application Form. At the expiry of your Initial Period or Renewal Period, or if you are on a month to month contract, your out of Data Bundle rates may be subject to change.

7.2.1 Your out of Data Bundle 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 Automatic Credit Limit or that it will be imposed at all, and make no representations in this regard.

7.2.3 Where applicable, a booster, or part thereof, not used during the course of a calendar month will be carried over to the next calendar month only.

7.3 The Service Charges include value-added tax (VAT) which shall be borne and paid for by you.

7.4 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.

7.5 MWEB may, in the event that you fail to make payment of any amount due to us by you, or in the event of suspected fraudulent activity (and irrespective of whether ownership in the Modem has passed to you), Blacklist your Modem and/or your SIM Card, or suspend or terminate the Service, as a result of which you will not be able to access the Network. 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 tax invoice.

7.6 MWEB will not be liable for any claim or liability of whatsoever nature arising from fraudulent or unauthorised use of the Service and/or the Blacklisting or Greylisting of your Modem and/or SIM Card as provided for in this clause 7.