Field Technician

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.

SERVICE TERMS AND CONDITIONS: Field Technician Service Terms

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 Field Technician Service Terms the following order of precedence shall apply: (I) these Field Technician Service Terms; and (ii) the General Terms and Conditions. In these Field Technician Service Terms:

   1. Equipment means any hardware, cables, devices, routers, computers, connectors and any other equipment located at the Premises which is either supplied by the Customer, or purchased from MWEB and required for use in conjunction with the MWEB Connectivity Product or used in order to provide the Services;
   2. MWEB Connectivity Product means an MWEB connectivity product (e.g. ADSL, FTTH, LTE) with a dynamic Internet Protocol ("IP") address at the Premises in a Support Area subscribed to by the Customer;
   3. MWEB Quote means the estimated price and/or charges to be charged by MWEB for rendering the Services (including any revised MWEB Quote) as accepted by the Customer, which MWEB Quote will be valid for the time period stipulated thereon;
   4. Premises means the Customer premises where the MWEB Connectivity Product and IP address is provided by MWEB as specified in the Application Form;
   5. Rate Schedule means the schedule indicating the price/s charged on a time and material basis for the Services, including any call out and/or cancellation fees as provided to the Customer (or published to on our Website from time to time if we choose to publish same);
   6. Service/s means the Field Technician Service/s available to existing MWEB Connectivity Product Customers in Support Areas on a time and material basis, (scope and details whereof will be outlined in each MWEB Quote provided to a Customer; general information may also be published on our Website from time to time);
   7. Service Date means the agreed appointment date on which the Services will be rendered by the Technician at the Customer's Premises;
   8. Service Fee/s means the amount which we will charge you for the Service, including any call out fees, as recorded in the MWEB Quote/s based on the Rate Schedule;
   9. Support Area means the geographical areas in which the Services are made available from time to time as may be indicated on our Website, if published;
   10. Technician means the Technician who will render the professional services on behalf of and duly authorised by MWEB at the Premises;
   
   
2. SERVICE FEES, BILLING AND PAYMENT
   1. Customer will be provided with an MWEB Quote (and if applicable a revised MWEB Quote) for acceptance.
   2. Once the MWEB Quote is accepted, the Customer will be liable for payment of the Service Fees as set out in the MWEB Quote together with any other charges agreed to in the Application Form (such as Equipment purchased).
   3. The Service Fees may include a fixed call out fee, and charges per time increment as indicated in the Rates Schedule.
   4. The Rate Schedule may be changed in MWEB's sole discretion in terms of the General Terms and Conditions provided that it will not affect existing valid MWEB Quotes.
   5. Should the Service be cancelled on or prior to the Service Date then the Customer may remain liable for the call out fee or a part thereof as indicated in the Rate Schedule.
   6. The Service Fees will be added to your monthly MWEB statement and will be debited on the first debit order run available after due date with your monthly subscription fee for the MWEB Connectivity Product. (E.g. Service Fees due for Services rendered after the 20^th of a month is normally only debited on the last working day of the following month).
   7. Payment will be due once the Services are rendered or upon cancellation of the Service Date whichever occurs first.
   
   
3. THE SERVICES
   1. The Service is only available in designated Support Areas to existing MWEB Connectivity Product Subscribers, whose subscription fees have been paid up to date.
   2. Support Areas may be added, amended or terminated and are subject to change without notification and may be indicated on our Website from time to time.
   3. The Service is for assisting Customers with basic technical support (not related directly to connectivity faults or issues in respect of the MWEB Connectivity Product) and may include (without limitation) the following type of services:
      1. Assisting with basic hardware installation;
      2. Connection of devices;
      3. In home WIFI assessments and recommendations;
      4. Connectivity set ups, including connected devices;
      5. Troubleshooting connectivity issues;
      6. Mail back up and restore, including hardware migrations;
      7. Installation of anti-virus (AVG); scans i.e. Spyware, Malware, etc.
      8. Browser re-installs.
   4. Provision of the Services will depend on each individual Customer and the MWEB Quote. Depending on the circumstances some Services may not be available to a Customer and MWEB is not obliged to render any Services not agreed to in an MWEB Quote.
   5. MWEB will not provide hardware, software or Equipment to Customers, unless such is purchased from MWEB in terms of one of our other Product/Service offerings and terms.
   6. Customers will need to ensure all relevant Equipment and software used to render the Services, are in good working order and available to the Technician at the Premises when rendering the Services, and meets any, and are compatible with any technical specifications.
   7. MWEB will not support services running off fixed IPs or complex in home networks, and services behind firewalls.
   8. Customer may not give the Technician any passwords and must be at the Premises or have its representative available to type in any passwords and to provide information and the like if required. The Customer remains responsible to ensure the security of their passwords, software accounts and data.
   9. A Technician will have identification. The Customer must ensure they verify the Technician they let into their Premises. If in doubt the Customer must contact MWEB for verification before allowing the Technician onto the Premises.
   10. MWEB will only provide the Services set out in the MWEB Quote and the Technicians are not allowed to perform any other Service not specified in the MWEB Quote. MWEB does not approve any work or service required by Customer which does not form part of the MWEB Quote (“Unsupported Services”). Customer may not contact a Technician with a view of sourcing the performance of the Unsupported Services.
   11. In providing the Services MWEB shall not and cannot be held responsible for data losses and/or security of your information which includes, without limitation, data on your Equipment.
   
   
4. PROCESS
   1. When Application is made Customer will be provided with an MWEB Quote via email with the scope and estimate of the Services that needs to be rendered and the Service Fees with these terms and conditions attached to the MWEB Quote.
   2. Customer must accept the MWEB Quote and the terms and conditions via email or telephonically. A telephonic acceptance will be binding on the Customer.
   3. If the Technician goes out to the Premises and notes that there is additional work and the estimated Service Fees will increase, a revised MWEB Quote will be communicated to the Customer and acceptance, probably telephonic acceptance, will be sought from the Customer, who will need to agree to the revised MWEB Quote before the Technician proceeds with the additional work.
   4. There must be a responsible adult at the Premises to supervise the Services. Such person shall be deemed to be the Customer’s authorised representative for all purposes in respect of the Services including signing the job card below but shall not be allowed to accept any MWEB Quote on behalf of the Customer unless written authority has been granted to the authorised representative to do so by the Customer.
   5. Once the Services have been rendered a job card will need to be signed by the Customer (or its authorised representative) upon completion by the Technician. Such signature will be on face value proof that the Services were rendered to the satisfaction of the Customer.
   
   
5. WARRANTIES, DISCLAIMERS, TERMINATION AND INDEMNITY
   1. MWEB will use reasonable commercial endeavours to ensure that the Services are performed in a professional manner without causing any damage to Customer. Subject to applicable law and the warranties implied in law, where applicable, MWEB cannot guarantee that the Services will be performed without errors, faults and/or without causing damages of whatsoever nature to the Customer or the Premises. It is recorded that the quality of the Services may sometimes be affected by factors outside our control, including but not limited to, (a) access restrictions to the Premises or parts thereof, or (b) location of Equipment; or (c) the features or functionality of your particular Equipment; or (d) quality of information provided by you as the Customer.
   2. Customer warrants that the:
      1. Premises and the current electrical work, wiring, cables and Equipment used meets safety standards and all requirements in law and that the Premises and Equipment is safe for purposes of rendering the Services; and
      2. As far as needs be it has obtained all required approvals from the owner and/or landlord and/or the governing body(ies) (if the Premises are in an office complex and/or any complex), of the Premises to allow MWEB to access the Premises and to provide the Services.
   3. All MWEB Quotes will be subject to the condition that MWEB may exercise a choice (at its sole discretion) not to render the Services (even after an MWEB Quote was rendered) if a Technician is of the reasonable opinion that in the particular circumstances it is not viable to do so. In such event the Customer will not be billed for any call out fee or charges unless the fact that the MWEB Quote was issued incorrectly was due to the Customer’s negligence (e.g. by providing MWEB with incorrect information or leading MWEB to believe that the Services is viable). Customer will have no claim against MWEB for any losses it may suffer in such event.
   4. MWEB reserves the right to cancel call outs in the event of bad weather, riots, or other Uncontrollable Events or in any circumstance which may create undue risk for the Technician to travel to the Customer’s Premises on the Service Date. These Service Dates will be rescheduled based on the Customer’s availability. The Customer will not be able to hold MWEB liable for any loss it may suffer in such event.
   5. MWEB reserves the right to cancel or suspend the Service or reschedule a Service Date, without being liable to you in any way, including without limitation if: (a) in the circumstances above in 5.3 and 5.4 or (b) if any Equipment required for the Services is defective or illegal; or (c) authentication of you as a Customer not being possible; or (d) where the MWEB Connectivity Product making you eligible for the Service is downgraded, terminated, disconnected or suspended; or (e) you contravene our Acceptable Use Policy (“AUP”) forming part of our General Terms and Conditions, in any way whatsoever.
   6. Subject to limitations allowed in law, MWEB will not be liable to you, or any third party, for any loss or damages of whatsoever nature, including without limitation, any direct, indirect or consequential or other damages, arising out of your use of our Services, including without limit: (a) any unavailability or delay in the Services; or (b) termination of the Services; or (c) failure to authenticate you as a Customer or your authorised representative at your Premises; or (d) loss of Customer data; or (e) unauthorised access to the Premises. You indemnify MWEB against all loss, damages, claims, liabilities of whatsoever nature as a result of any claim instituted by a third party (other than you) arising from your use of the Service and arising from (a) to (e) in this clause above.