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.

Note that these terms apply only to MWEB’s FTTH product and will not cover any line rental terms.

MWEB FTTH Service Terms

These terms have been divided into 2 sections, which we summarise below:

PART A – GENERAL PROVISIONS

These provisions are applicable to all products.

PART B – CAPPED PRODUCTS

These provisions are only applicable to our capped FTTH products ("Capped Products").

PART A: GENERAL PROVISIONS

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 MWEB FTTH Service Terms the following order of precedence shall apply: (i) these MWEB FTTH Service Terms; and (ii) the General Terms and Conditions. In these MWEB FTTH Service Terms:

1.1 AUP means MWEB's Acceptable Use Policy which forms part of our General Terms and Conditions or which can also be found on our Website at http://www.mweb.co.za/legalpolicies/GeneralPage/AcceptableUsePolicy.aspx;

1.2 Base Cap or Cap/Capped means the amount of blended data (comprising of both international and/or local data), measured in GB, that you would like to send and receive during the course of a calendar month;

1.3 Booster means the additional amount of data added to your Base Cap once the Base Cap has been depleted, as more fully set out in clause 8;

1.4 Booster Based Billing means that you will not be able to continue to use the Internet once you have reached your Base Cap unless you buy a Booster;

1.5 Fixed Term Agreement means a contract for the provisioning of the FTTH Service for a fixed term period as indicated on the Application Form;

1.6 FTTH means Fibre To The Home;

1.7 FTTH Customer Portal means the FTTH Website provided by the FTTH Installer;

1.8 FTTH Line means a Fibre To The Home line;

1.9 FTTH Line Installer means the installer of the FTTH Line to your home;

1.10 FTTH Service means the provisioning of the FTTH service that enables you to send and receive data and email and access to the Internet using a FTTH Line provided by the FTTH Installer;

1.11 FTTH Website means the website located at https://myaccount.mweb.co.za;

1.12 GB means Gigabyte;

1.13 MB means megabyte;

1.14 Out of Bundle Billing means you will automatically be charged per MB for Out of Bundle Usage;

1.15 Out of Bundle Usage means any data (per MB) used by you once your Base Cap has been reached, in other words, data used over and above your Base Cap;

1.16 Service Fee means the amount which we will charge you for the FTTH Service selected by you, as recorded on the FTTH Customer Portal or FTTH Website; and

1.17 Website means www.mweb.co.za.

2. SIGNING UP AND COVERAGE

You pay one bill to MWEB for your FTTH Service and FTTH Line rental.

If you do not have an existing FTTH Line MWEB or one of its approved installers will get the line installed. If you have an existing FTTH Line but have signed up with another ISP you will need to cancel with such ISP before we can provide you with our FTTH Services. You can transfer your existing FTTH Line to MWEB, under which circumstances you indemnify MWEB against any damages or penalties which may arise from the termination of your agreement with any other ISP or FTTH provider for the FTTH Service or the installation of the FTTH Line.

Before any installation can occur we will need to verify that you have FTTH coverage at your premises. Should you not have FTTH coverage we cannot provide you with an FTTH Line or any FTTH Service.

An installation fee may be payable by you for the installation of the FTTH Line. You will be advised of this fee prior to installation should such fee be applicable.

3. BILLING

3.1 You will pay MWEB for any Out of Bundle Usage, monthly in arrears by way of debit order, or such other manner as agreed.

3.2 If you signed up or switched over to the FTTH Service in the middle of any calendar month, your first bill will include a pro-rata portion for the remaining period of the month in which you signed up plus the Service Fee for the following month.

3.3 Unless otherwise indicated in these MWEB FTTH Service Terms payment will be effected as per clause 8 of the General Terms and Conditions.

4. FTTH PRE-REQUISITES

4.1 You are required to have a FTTH Line in order to make use of the FTTH Service.

4.2 The FTTH Service is not available everywhere. You are responsible for installing the FTTH Line before you subscribe to the FTTH Service.

4.3 If not provided by MWEB, you need to obtain your own FTTH router or network switch.

5. CONCURRENCY

You will only have one FTTH connection to the FTTH Service at any given time.

6. DISCLAIMER

We may use or rely on upstream providers to provide the FTTH Service or certain portions thereof. We accordingly provide the FTTH Service subject to the limitations and terms imposed on us by such upstream providers, which includes the actual availability of the upstream provider's network.

7. AUP

All our products are offered subject to the conditions contained in our AUP. By using our products you agree to be bound by the terms and conditions of our AUP.

PART B: CAPPED PRODUCTS (Section 8 only applicable to Capped Products)

8. MEASURES TO CONTROL OUT OF BUNDLE USAGE WHERE A BASE CAP APPLIES

8.1 We have measures available to limit your access to the FTTH Service when you reach or exceed your Base Cap, which are implemented subject to the provisions of clause 8.5. For more details on measures to control your Out of Bundle Usage, please visit the FTTH Website or contact our call centre.

8.2 You can select either the Booster Based Billing or the Out of Bundle Billing options by logging on to the "My Account" self-administration portal on the FTTH Website. The default billing option for most FTTH Service packages are Out of Bundle Billing. For example, if you have not selected the Booster Based Billing option on My Account you will automatically continue on the Out of Bundle Billing option. In other words, you will automatically be charged per MB for every additional MB you use over your Base Cap. Please contact us if you are unsure which billing option you are on in order to avoid any unexpected charges.

8.3 If you have selected the Booster Based Billing option and you reach or exceed your Base Cap, you will only be able to use the FTTH Service to access the FTTH Customer Portal. You will however have no access to local and international websites or content until the start of the next month, unless you buy a Booster; or increase your Base Cap to a higher GB factor.

8.4 If you did not select the Booster Based Billing option you will in most instances default to the Out of Bundle Billing option. This means that, once you reach or exceed your Base Cap, you will immediately be charged per MB for any further data used.

8.5 Disclaimer

8.5.1 Because FTTH Services are session based technology, we do not guarantee the efficiency of any measures available to limit your usage, including without limitation any safety lock.

8.5.2 We accordingly do not accept responsibility if you exceed your Base Cap, and we will charge you for Out of Bundle Usage at our prevailing rates.

8.5.3 You are therefore responsible for monitoring and controlling your use of the FTTH Service.

8.6 Out of Bundle Usage and Billing

8.6.1 From time to time, in any given month, we may allow you, at our discretion, to exceed your Base Cap without stopping your access to the FTTH Service. You will then be in Out of Bundle Usage and Out of Bundle Billing will apply.

8.6.2 However, if we allow you to exceed your Base Cap in this manner, it will merely constitute a temporary indulgence on our part. It will not constitute a waiver of any of our rights, including (without limitation) our right to stop your access to the FTTH Service if you exceed your Base Cap at any time in the future.

9. NIGHT TIME DATA

At certain times MWEB may run promotions for free night time data between the hours of 00h00 and 06h00 "Night Time Data".

This promotion will not always run and you will be advised of the times when it does apply through marketing and promotional material sent to you. Night Time Data will only be free of charge when a valid promotion is running.