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.

MWEB Wireless Broadband Terms and Conditions (iBurst)

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.
In these Wireless Broadband Terms:

1.1 “Device” means the iBurst equipment which will be sold to you as envisaged in this Agreement depending on the product or service election made by you in the Application Form (under Step 1);
1.2 “Network” means:

1.2.1 the portion of the radio frequency spectrum that has been assigned to the Network Operator for the purposes of providing wireless Network Coverage for the purposes of providing electronic communications services and electronic communications network services as envisaged in the Electronic Communications Act; and
1.2.2 the wireless platform, owned and managed by the Network Operator;

1.3 “Product Cap” means the bandwidth/data limit selected by you in the Application Form;
1.4 “Service” means the MWEB Wireless Broadband – iBurst service selected by you on the Application Form, which we will render to you to provide you with high-speed Internet connectivity; and
1.5 “Service Charge” means the monthly subscription fee paid by you to us in consideration for the Service as recorded on the Application Form.

2. Payment

2.1 You shall for the duration of the Initial Period pay the Services Charge to MWEB monthly in arrears.
2.2 Any other charges, including those for a Booster referred to below, shall be billed in arrears.

3. Terms and Conditions Specific to the Service

3.1 MWEB shall as part of the Service provide you with Internet connectivity limited to the Product Cap selected by you in the Application Form, together with any value added services provided by MWEB in its discretion from time to time.
3.2 You agree that:

3.2.1 a Device is required to access and use the Service;
3.2.2 the Service shall be provided subject to the Network Operator’s use policies which are accessible at http://www.iburst.co.za (“iBurst acceptable use policies);
3.2.3 unused Product Cap will be carried over for one month. Any unused Product Cap which is carried over to the next month will expire at the end of that month. Should you not have used the carried over cap fully, you shall not be entitled to any credit and/or refund for the unutilised portion.

3.3 Without limiting the General Terms and Conditions and/or iBurst's acceptable use policies, you agree to obtain any approval or authority imposed by a competent authority or body (including without limitation body corporates, provincial and local municipalities) relating to the installation of the Device, the supply of the Service to you at your address, and matters related thereto. In this regard, you indemnify MWEB against any claims, damages or liabilities instituted against, suffered or incurred by MWEB arising from your failure to obtain such approvals and authorities.

3.4 The Device

3.4.1 MWEB shall sell the Device to you and you accept such sale.
3.4.2 You agree that:

3.4.2.1 ownership in and to the Device shall vest with MWEB until the termination of the Initial Fixed Period by virtue of the effluxion of time and/or the fulfillment of all your obligations under this Agreement;
3.4.2.2 delivery shall be deemed to have occurred when the Device has been delivered to you at the delivery address specified in the Application Form, at which time the risk of loss in or damage to the Device shall pass to you;
3.4.2.3 it is your responsibility to take out insurance in respect of the Device;
3.4.2.4 the Device will be activated by the Network Operator prior to the delivery date;
3.4.2.5 until ownership passes to you as envisaged in clause 3.4.2.1 above, you shall not do or omit to do anything which may adversely affect MWEB’s proprietary rights in and to the Device. Without limiting the generality of the aforegoing, you shall notify your landlord (if applicable) that the Device is owned by MWEB and provide MWEB upon reasonable written request, with evidence of all necessary steps taken;
3.4.2.6 until ownership passes to you as envisaged in clause 3.4.2.1 above, you shall at your own costs and expense take all necessary steps to keep the Device free from attachment, hypothec or other legal charge or process and provide MWEB upon reasonable written request, with evidence of all necessary steps taken;
3.4.2.7 any warranty pertaining to the Device shall be limited to a period of 12 (twelve) months calculated from the date of delivery. Should you discover any fault or defect in the Device, you shall within 3 (three) days of delivery return the Device to MWEB or its service provider in the same condition and packaging along with proof of receipt. MWEB will under these circumstances replace the faulty Device; and
3.4.2.8 you shall not engage in any action which contravenes or voids the supplier’s terms of warranty or guarantee. In the event that you engage in any action which contravenes or voids the supplier’s warranty, you shall bear the costs of any repairs, replacements or extended warranties and guarantees.

3.4.3 You shall:

3.4.3.1 be responsible for the installation of the Device;
3.4.3.2 ensure that such installation is in accordance with the supplier’s instructions;
3.4.3.3 ensure that the usage of such Device is in accordance with the supplier's instructions and not contravene and/or void the supplier’s warranty or guarantee. In the event that your usage contravenes and/or voids the supplier’s warranty which then results in the unavailability of the Service and/or any component thereof, MWEB shall (without limiting the generality of the General Terms and Conditions) not be held responsible for any direct and/or indirect loss, damage or any costs suffered by you as a result thereof, including (without limitation) the unavailability of the Service; and
3.4.3.4 upon becoming the owner of the Device, you shall be fully responsible for the Device and you shall not have any claim of whatever nature for the breakdown and/or failure of the Device in any manner whatsoever against MWEB.

3.5 Booster

3.5.1 Wireless Start Packages

3.5.1.1 You agree that in order to avoid an interruption of the Service, you are advised to top up your Product Cap limit by purchasing Booster from MWEB. You agree that the purchase of a Booster must be done prior to reaching your selected Product Cap, failing which the Service will automatically be suspended until the end of the month.

3.5.2 Wireless 1, Wireless 2, Wireless 8 and Wireless 15 Packages

3.5.2.1 Should you exceed your Product Cap, MWEB shall throttle your Service until you purchase another Product Cap. The Service will under these circumstances be degraded until you have bought a Booster, or until the next month.

3.5.3 A Booster shall commence once you reach your Product Cap. If you do not use the entire Booster in the month it was purchased, it shall continue until the last day of the following calendar month after which the Booster will automatically terminate irrespective of whether you have utilised it fully or not. Should you not have used the Booster fully you shall not be entitled to any credit and/or refund for the unutilised portion.
3.5.4 MWEB may in its reasonable discretion limit the number of Boosters that you are allowed to purchase during a calendar month.

3.6 Dashboard

3.6.1 Included as part of the Service is a dashboard which is a tool that provides you with the ability to:

3.6.1.1 connect to the Internet;
3.6.1.2 monitor your Internet traffic usage; and
3.6.1.3 access other services
(hereinafter referred to as the “Dashboard”).

3.6.2 You agree that MWEB does not:

3.6.2.1 maintain and/or manage the Dashboard; and
3.6.2.2 ensure that the usage report produced by the Dashboard is up-to-date, current, and/or correct;

3.6.3 you agree that the Network Operator’s monitoring equipment shall be used to monitor and measure your Internet traffic usage and that such equipment shall be the sole source to determine usage and/or whether you have exceeded your Product Cap.

3.7 Dial up Access

You agree that if you have selected dial up access on the Application Form then the fee for dial up access, as published on our website, will be payable irrespective of whether you actually use the dial-up service or not.