Untitled Document
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
WIRELESS LINK RENTAL (MWEB)
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.
1.2 In these Wireless Link Rental Terms:
1.2.1 “Coverage Area” means coverage area falling within the signal radius of the Wireless Network;
1.2.2 “CPE Device” means the customer premises equipment which shall be installed by MWEB and/or its suppliers on the exterior of Customer’s premises;
1.2.3 “Equipment” means the router and the CPE Device (including software, hardware, cables, connectors, programmes, interfaces, associated media, printed materials, and/or on-line or electronic documentation associated with it), which meets the requirements of the Wireless Link Service selected by Customer in the Application Form, which is rented by MWEB to Customer to enable connectivity to the Wireless Link;
1.2.4 “Wireless Link” means a wireless link created over the Wireless Network, which wireless link is connected between CPE Device and the Wireless Network in order to enable access to and use of the Wireless Link Service by Customer;
1.2.5 “Wireless Link Fees” means all fees and charges relating to the Wireless Link Service which are payable by Customer to MWEB including, but not limited to application, installation, maintenance, support and repair fees;
1.2.6 “Wireless Link Service” means the wireless services contemplated in these Product Terms, which MWEB renders to Customer in accordance with Customer’s choices, as set out in the Application Form under such heading or description comprising of: (i) the leasing of the Equipment and the Wireless Link to Customer; (ii) configuration of the Equipment; and (iii) the management of the Wireless Link on behalf of Customer, as contemplated below.
1.2.7 “Wireless Network” means the public network operated by MWEB in the unlicensed frequency spectrum in terms of the provisions of the ECA over which the Wireless Link is created.
2. DURATION
2.1 Either Party may terminate the Wireless Link Service at the end of the Initial Period by giving the other Party 3 (three) calendar months written notice of termination prior to the end of the Initial Period.
2.2 If neither Party has given notice as contemplated in clause 2.1 above, the Wireless Link Service shall endure indefinitely thereafter on the same terms and conditions, provided that either Party shall be entitled to terminate the Wireless Link Service on 3 (three) calendar months written notice to the other to that effect.
2.3 Notwithstanding any provisions to the contrary in the Agreement, MWEB shall (without payment of any penalty of whatsoever nature), be entitled to terminate the Wireless Link Service at any time (during the Initial Period or any renewal period thereof) on 30 (thirty) days written notice to Customer:
2.3.1 should the Coverage Area be compromised; or
2.3.2 if the quality of the Wireless Link or the operation of the Wireless Network is adversely affected due to any act or omission of Customer; or
2.3.3 should MWEB suspend or terminate its wireless network deployment for whatever reason; or
2.3.4 should MWEB be required to do so by ICASA or in terms of any relevant legislation applicable to the usage of the unlicensed spectrum; or
2.3.5 upon request thereto by other telecommunication service providers due to breach by Customer of any of the terms and conditions applicable to the access and/or use of the Wireless Link; or
2.3.6 should Customer’s access and/or use of the Wireless Link be in contravention of this Agreement or policies and/or any applicable legislation; and/or
2.3.7 should the regulator make changes to the unlicensed spectrum which impacts on the provision of the Wireless Link Service, Wireless Network and/or Wireless Link.
2.4 MWEB shall have the right at any time, and without liability, to immediately suspend its provision of the Wireless Link Service and continue to charge Customer therefore, if -
2.4.1 in MWEB’s opinion, the quality of the Wireless Link or the Wireless Network may be or is impaired, or otherwise adversely affected, due to any act or omission of Customer ;
2.4.2 any Equipment has been reverse engineered, decompiled, modified or tampered with in any way;
2.4.3 non-payment in terms of this Agreement of any Wireless Link Fees payable.
2.5 Upon termination of the Wireless Link Service for any reason whatsoever Customer shall provide MWEB with the necessary co-operation and assistance to arrange for the removal of the Equipment from Customer’s premises.
3. PAYMENT
3.1 Customer shall pay MWEB the Wireless Link Fees specified in the Application Form in accordance with the provisions set out in the General Terms and Conditions.
3.2 Should Customer move and/or relocate to a different location and/or premises, MWEB shall charge Customer for the moving and/or relocation of the Equipment to new premises and/or location which includes without limitation the: (i) installation fees; (ii); line transfer fees; and/or (iii) set up fees. The aforementioned fees shall be included in Customer’s monthly invoice, which shall be payable by Customer in accordance with the provisions of the General Terms and Conditions.
4. WIRELESS NETWORK AND WIRELESS LINK
4.1 In order to have access to the Wireless Link Service, a Wireless Link is required together with a direct line of site between the CPE Device and the Wireless Network.
4.2 Wireless Network is created and operated over the unlicensed frequency spectrum, therefore, the functionality and operation of the Wireless Link may be impaired by the use of the unlicensed frequency spectrum by other wireless operators from a nearby location in the same frequency band.
4.3 MWEB will be responsible for the installation, maintenance and management the Wireless Link.
4.4 Customer shall (without prejudice to MWEB’s rights to claim payment for any outstanding amount for the services rendered), not be entitled to terminate the Wireless Link Service should the Wireless Link remain unavailable due to an Uncontrollable Event. If an Uncontrollable Event continues for a period of more that 60 (sixty) days, then the Customer may terminate this Agreement by written notice to MWEB by reason of such Uncontrollable Event. Customer shall remain liable to pay MWEB the Wireless Link Fees or any other fees due during the Uncontrollable Event or the period of unavailability.
4.5 The quality of the Wireless Link is dependent upon the quality and capacity available to the Wireless Network which is subject to any technological constraints affecting the Wireless Network. Customer shall therefore not be entitled to terminate the Wireless Link Service as a result of any impairment to the quality of the Wireless Link and/or quality and/or capacity of the Wireless Network which impacts on Customer’s access and usage of the Wireless Link Service.
4.6 Wireless Network including the Wireless Link are created over the unlicensed frequency spectrum and although MWEB uses reasonable commercial endeavours to: (i) ensure the: operation, availability, and functionality of the Wireless Network including the Wireless Link; and (ii) attend to any unavailability including failures and/or errors impacting on the Wireless Network, including the Wireless Link, in terms of any obligations placed on it in terms of this Agreement, MWEB does not represent, warrant or guarantee the operation, availability, capacity, or functionality of the Wireless Network including the Wireless Link.
4.7 Although MWEB uses reasonable commercial endeavours to ensure the security of the Wireless Network and the Wireless Link, MWEB does not in any manner whatsoever warrant, represent and/or guarantee the security of the Wireless Network or the Wireless Link, Customer is therefore advised to ensure the security of its network infrastructure.
4.8 MWEB shall not be liable under any circumstances for any loss or damage caused by or arising in any manner whatsoever from the: (i) unavailability of the Wireless Network, including the Wireless Link; (ii) impairment on the quality or capacity of the Wireless Network and/or Wireless Link; and/or (iii) breach of the security of the Wireless Network or the Wireless Link and/or Customer’s network infrastructure.
5. TERMS AND CONDITIONS SPECIFIC TO WIRELESS LINK SERVICE
5.1 In order for the Wireless Link Service to be provided to Customer, the Equipment is required to enable Customer’s access to and use of the Wireless Link Service.
5.2 The Equipment will be rented to Customer subject to the provisions of clause 6 below.
5.3 Wireless Link Service is provided subject to this Agreement and all relevant laws and regulations applicable from time to time.
5.4 MWEB will only provide Customer with access and/or use of the Wireless Link Service provided Customer pays the Wireless Link Fees set out in the Application Form.
5.5 MWEB and its supplier shall notify Customer with regard to the installation date and time. MWEB cannot guarantee the installation date and time, but will use reasonable efforts to ensure that the anticipated installation date and times are met. MWEB will inform Customer as soon as possible if it is unable to attend a set appointment. Customer shall not be allowed to move the installation date and time without MWEB’s written consent. Customer shall also not be entitled to cancel the Wireless Link Service or refuse to accept installation, set-up and or configuration of the Equipment as a result of MWEB ’s failure to meet anticipated installation date and times.
5.6 Customer shall prior to the installation date: (i) appoint a designated person to manage the installation project on Customer’s behalf; (ii) prepare the premises and/or the area where installation will be done for installation purposes; and (iii) notify its staff, other tenants/owners on the premises, the landlord and/or governing bodies (where relevant) about the installation date and time.
5.7 Customer warrants that:
5.7.1 the premises and/or the area where installation will be done, meet the requirement of the Occupational Health and Safety Standards;
5.7.2 in the case of rented premises the landlord and/or the governing body(ies) are aware of: (i) the installation work to be done; (ii) what such installation entails; and (iii) the installation date and time; and
5.7.3 in the case of rented premises the landlord and/or governing body(ies) have given Customer the necessary written approvals to allow MWEB to commence and perform the installation work.
5.8 Customer hereby indemnifies MWEB against all losses or damages MWEB sustains or incurs as a result of breach by the Customer of the warranties contained in this clause.
5.9 MWEB including any of its respective agents or contractors shall on the installation date and during Business Hours, attend to:
5.9.1 the installation of the Equipment; and
5.9.2 set-up and/or configuration of the Equipment.
5.10 Customer shall allow MWEB including its agents or contractors, all reasonable access to Customer’s premises and/or property for the purposes set out in clauses 5.9.1 and 5.9.2 above. A signed confirmation by Customer (including his/her/its employee, representative, carrier, agent or nominee) that installation and set-up and/or configuration of the Equipment was done shall constitute proof that it was done according to specification and Agreement.
5.11 MWEB may be required to dig, drill, remove pavement, carpets, tiles, ceilings, apply glue or perform any other act in order to install the Equipment (“Installation Work”). Customer hereby gives MWEB the permission to perform such Installation Work.
5.12 MWEB will use reasonable commercial endeavours to ensure that the Installation Work is performed in a professional manner without causing any damage to Customer’s or any other third party’s premises or property.
5.13 MWEB cannot guarantee that work will be performed without errors, faults and/or causing damages of whatsoever nature to Customer’s or any other third party’s premises or property.
5.14 In the event of any such damage to Customer’s or any other third party’s premises, installation area or property, Customer shall indemnify MWEB from any claim arising as a result of such damage and Customer shall not hold MWEB including its contractors and/or agents liable under any circumstances, for any loss or damage whatsoever caused by or arising in any manner whatsoever from any action or omission of MWEB and/or its contractor’s.
5.15 Customer shall when required, allow MWEB and its respective agents all reasonable access to its premises for the purposes of the re-installation, re-set-up, re-configuration and maintenance and repair of the Equipment.
5.16 Customer shall be responsible for any fault to the Wireless Link and/or the Equipment caused by the Customer. In this event Customer shall be liable to pay for the cost of repairs, including call out and labour costs. In the event that the fault to the Wireless Link or the Equipment, in MWEB’s opinion, is not caused by the Customer or is caused by an Uncontrolleble Event, then MWEB will be responsible for the call out and labour costs.
5.17 MWEB shall be entitled to change the Wireless Link Services (which may include without limitation the amendment of the technical parameters and/or specification relating to the Wireless Link Service), at any time during the Initial Period and/or any renewal thereof on 30 (thirty) days written notice to Customer.
5.18 Notwithstanding anything that might indicate the contrary, Customer shall at all times comply with all terms and conditions and/or limitations imposed by MWEB on the Wireless Network including Wireless Link for the duration of the Agreement.
6. EQUIPMENT RENTAL
6.1 MWEB hereby leases the Equipment to Customer.
6.2 The Equipment will at all times remain the property of MWEB and Customer agrees that he/she/it will never become the owner the Equipment.
6.3 The Equipment shall at all times be regarded as a movable property and shall not become part of any immovable property.
6.4 MWEB shall have the right to enter Customer’s premises in order to remove the Equipment upon termination of the Agreement.
6.5 MWEB shall at its own costs and expense deliver the Equipment to Customer’s premises. A signed delivery note by Customer (including his/her/its employee, representative or nominee) shall constitute proof that the Equipment was delivered to and received by Customer in good condition.
6.6 Upon delivery of the Equipment as envisaged in clause 6.5 above, Customer shall bear all risk of loss, theft, damage and/or destruction of the Equipment while housed at Customer’s premises for an amount equal to the full replacement value thereof. Customer shall make its own arrangements regarding the insurance of the Equipment.
6.7 Customer shall not allow any third party to take possession of the Equipment unless duly authorised thereto by MWEB. Should any third party take possession of the Equipment without the said authorisation, the replacement value thereof shall immediately be due and payable by Customer.
6.8 If the premises at which the Equipment will be installed is rented:
6.8.1 Customer shall:
6.8.1.1 advise MWEB in writing of the name and address of the landlord as well as any changes thereto;
6.8.1.2 not move the Equipment without MWEB’s prior written consent;
6.8.2 Customer warrants that the landlord and/or governing body(ies) have been informed that the Equipment belongs to MWEB and can therefore not be subject to a lien or landlord hypothec. Customer hereby indemnifies MWEB against all losses or damages it sustains or incurs as a result of breach by the Customer of the warranty contained in this clause.
6.9 Customer shall only use the Equipment in conjunction with the Wireless Link Service. Under no circumstances will Customer or anyone else be allowed to: (i) access and/or tamper with the Equipment; (ii) move the Equipment to any other location without the express written permission of MWEB; and (iii) use the Equipment for any other purpose.
6.10 Access to the Equipment shall be restricted to MWEB’s staff or its duly authorized agents only.
6.11 Customer shall use the Equipment solely for internal purposes and shall not be entitled to directly or indirectly transfer, distribute, re-distribute, sell, re-sell, lease, sub-lease and/or lend the Equipment in any manner whatsoever to any third party without MWEB’s prior written consent.
6.12 Customer shall ensure that MWEB may at any time enter the premises where the Equipment is installed to inspect it, provided that MWEB supplies Customer with reasonable prior notification of such.
7. NEW PREMISES AND/OR LOCATION
7.1 In the event that Customer decides to move and/or relocate to a different location and/or premises, MWEB:
7.1.1 shall subject to the other provisions of this Agreement, move and/or relocate Customer’s Equipment to the new premises and/or location;
7.1.2 may extend Customer’s Agreement to the same term that was originally selected by Customer in the Application Form.
7.2 Customer acknowledges that the Wireless Link Service is not available everywhere.
7.3 Customer is responsible for ensuring that the Wireless Link Service is available should Customer decide to move and/or relocate to another premises or locations.
7.4 Customer shall remain liable to pay the set up fees incurred by MWEB to install, set up and/or configure the Equipment at the new location and/or premises.
7.5 Customer shall not be allowed to terminate the Agreement should Customer move to a location and/or premises where the Wireless Link Service is not available. In the event of termination, Customer shall remain liable to pay MWEB for the remainder of the Initial Period or the renewal period, as the case may be, should Customer terminate the Agreement prior to the expiry of such Initial Period and/or renewal period.
8. UPGRADES AND DOWNGRADES
8.1 Customer is allowed to upgrade the line speed of the Wireless Link at any time during the Agreement provided that one calendar month’s written notice of upgrade is submitted to MWEB Sales Department.
8.2 Any notice received by MWEB during the course of the month for the upgrade of the line speed as envisaged in clause 8.1 above, shall only be effective from the 1st of the following month.
8.3 This Agreement including the upgraded Wireless Link Service shall with effect from the activation of the upgraded Wireless Link Service, be extended for a further period selected by Customer in the Application Form.
8.4 Customer shall not be allowed to downgrade the line speed of the Wireless Link Service during the Initial Period.