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 DSL and Dial-Up Service Terms
These terms have been divided into 6 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 DSL products ("Capped Packages").
PART C – DIAL-UP PRODUCTS
These provisions are only applicable to our dial-up products.
PART D – DATA BUNDLES
These provisions are only applicable to data bundle products.
PART E – VDSL PRODUCTS
These provisions are only applicable to VDSL products.
PART F – FON
These provisions are only applicable to the MWEB Fon Service.
PART A: GENERAL PROVISIONS (Applicable to all products)
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 DSL and Dial-Up Service Terms the following order of precedence shall apply: (i) these MWEB DSL and Dial-Up Service Terms; and (ii) the General Terms and Conditions. In these MWEB DSL and Dial-Up Service Terms:
1.1 ADSL line means an Asymmetric Digital Subscriber Line;
1.2 ADSL Service means the provisioning of an ADSL service that enables you to send and receive data and email and to access the Internet using a high-speed connection, comprising of various Data Only Packages and All-Inclusive Packages;
1.3 ADSL Website means the website located at: http://myadsl.mweb.co.za or https://myaccount.mweb.co.za;
1.4 All-Inclusive Packages means DSL Service packages that include the DSL line rental and Data Only Packages, as more fully described on our Website and as published by us from time to time;
1.5 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;
1.6 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;
1.7 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 9;
1.8 Booster Based Billing means that you will not be able to continue to use the Internet once you have reached your Base Cap, other than Free Local-only Access (where applicable) unless you buy a Booster;
1.9 Data Only Packages means DSL Service packages that exclude the DSL line rental and where we only provide you with data / bandwidth capacity, as selected by you in the Application Form;
1.10 Dial-Up Service means the provisioning of the dial-up services that enables you to send and receive data and email and to access the Internet using an analogue or ISDN line provided by Telkom;
1.11 DSL line means a Digital Subscriber Line that transfers data over a regular telephone line and includes your ADSL line or VDSL line as the case may be;
1.12 DSL Service means your VDSL Service, ADSL Service or other DSL Service as selected by you on your Application Form;
1.13 Fixed Term Agreement means a contract for the provisioning of the DSL Service for a fixed term period as indicated on the Application Form;
1.14 Fon means Fon Wireless Limited who acts as the upstream service provider;
1.15 Fon Community means the MWEB Fon Hotspots and all users that are granted wireless access to the Internet via the authorised shared use of the MWEB Fon Service ("Fon Users") worldwide;
1.16 Free Local-only Access means such Local-only data, as determined by us from time to time, that you may be able to send and receive during the course of a calendar month once you have exceeded your Base Cap. You will only access Free Local-only Access if you have selected the Booster Based Billing option and you then reach your Base Cap. Free Local-only Access is only available on selected DSL Services, as indicated to you during sign-up;
1.17 GB means Gigabyte;
1.18 Kbps means kilobits per second;
1.19 Local-only Data means the type of data (or bandwidth) that only allows you access to South African locally hosted websites and content;
1.20 MB means Megabyte;
1.21 Modem or Router means the device which is used to connect your computer to the Telkom Telephone Service, in order to enable the DSL Service including a Fon enabled Router;
1.22 MWEB Fon Service means the service that allows eligible MWEB Subscribers to access all the shared MWEB Fon enabled Routers, and other existing Fon hotspots in South Africa, as well as all Fon hotspots abroad (collectively “the MWEB Fon Hotspots”) that support the MWEB Fon Service by sharing their broadband access wirelessly with others, as described in Part F below;
1.23 Out of Bundle Billing means you will automatically be charged per MB for Out of Bundle Usage;
1.24 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;
1.25 Service Fee means the amount which we will charge you for the DSL Service selected by you, as recorded in the Application Form and/or displayed on the ADSL Website;
1.26 Shaped means that traffic is prioritised and channeled in a specific order, for example web browsing and email traffic will be prioritised;
1.27 Telkom means Telkom SA Ltd;
1.28 Telkom Resell ADSL/VDSL Terms and Conditions means the Telkom Resell VDSL/ADSL product-specific conditions, which are available at www.telkom.co.za;
1.29 Telkom Telephone Service means a fixed access line for making and receiving telephone calls (analogue Telkom line);
1.30 Throttle mmeans the bandwidth management practice used to manage Internet traffic whereby your connection speed may be reduced based on your usage patterns and usage history at the discretion of MWEB;
1.31 Uncapped means there is no limit placed on the total volume of traffic uploaded or downloaded, however the AUP may place additional restrictions on usage behaviour beyond illegal or unlawful usage. Customers not adhering to the AUP may have their services limited or soft capped;
1.32 Unshaped means that the traffic is not prioritised and channeled in a specific order. The first service requested is delivered first;
1.33 VDSL line means a Very-high-bit-rate Digital Subscriber Line;
1.34 VDSL Service means the provisioning of a VDSL service that enables you to send and receive data and email and to access the Internet using a high-speed connection, comprising of various Data Only Packages and All-Inclusive Packages;
1.35 Website means www.mweb.co.za.
2. SIGNING UP
You have the following options available to you when signing up with MWEB:
2.1 Data Only:
You engage with Telkom directly for the DSL line rental and Telkom attends to the installation of the DSL line. We will provide you with Internet access over the MWEB DSL network on a month to month basis, for which you will pay us the Service Fee monthly in advance.
2.2 All Inclusive:
You pay one bill to MWEB for your DSL Service and DSL line rental – please note this does not include the cost of your Telkom Telephone Service.
You rent a DSL line directly from us and we will apply to Telkom for the DSL line on your behalf. You will agree to sign and be bound by the Telkom Resell ADSL/VDSL Terms and Conditions.
You transfer your existing Telkom DSL line to MWEB, under which circumstances you will consent in writing that MWEB may terminate your existing DSL line with Telkom and that we may transfer your DSL line to MWEB and you indemnify MWEB against any damages or penalties which may arise from the termination of your existing Telkom DSL line.
3.1 Unless otherwise indicated in these MWEB DSL and Dial-Up Service Terms, payment will be effected as per clause 8 of the General Terms and Conditions.
3.2 You will pay MWEB for any Out of Bundle Usage, monthly in arrears by way of debit order, or such other manner as agreed, on the last working day of each and every calendar month.
3.3 If you signed up or switched over to the DSL 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.
3.4 You will be liable for payment of a re-activation fee should your DSL line or Telkom Telephone Service be suspended due to your breach of the Agreement or the Telkom Resell ADSL/VDSL Terms and Conditions.
4. DSL PRE-REQUISITES
4.1 You are required to have an active Telkom Telephone Service in order to make use of the DSL Service.
4.2 The DSL Service is not available everywhere. You are responsible for checking that the DSL Service is available on your Telkom Telephone Service before you subscribe to the DSL Service.
4.3 If you select a Data Only Package you also require a DSL line.
4.4 If not provided by MWEB, you need to obtain your own Modem.
5.1 For most packages you may only have the following connections to the DSL Service at any given time, unless otherwise agreed:
5.1.1 1 (one) DSL connection; and
5.1.2 1 (one) dial-up connection (where applicable) (analogue or 64K ISDN only) at any given time.
5.2 Certain Capped Packages allow for more than one concurrent connection, please visit our Website for more information on the concurrency allowed on your selected package.
6.1 We may use or rely on upstream providers to provide the DSL Service or certain portions thereof. We accordingly provide the DSL 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.
6.2 We also do not warrant that we will always be in a position to obtain a DSL line for you from Telkom, or that Telkom will continue to make the DSL line used by you available to us for the purposes of this Agreement; or that we will always be in a position to lease DSL lines to Subscribers.
7. DN SECURE
7.1 MWEB's security feature DN Secure is a compulsory part of the DSL Service assisting you in protecting your DSL account from being abused or shared by users, other than yourself.
7.2 The service requires that you successfully configure your DSL DN secure number. This is the number used to identify your DSL Router on the network in order to authenticate and enable you to utilize the DSL Service. You can configure a maximum of two DSL DN secure numbers per account.
7.3 You can contact the call centre to assist with the configuring of your DSL DN secure numbers for your account.
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 9 only applicable to Capped products)
9. MEASURES TO CONTROL OUT OF BUNDLE USAGE WHERE A BASE CAP APPLIES
9.1 We have measures available to limit your access to the DSL Service when you reach or exceed your Base Cap, which are implemented subject to the provisions of clause 9.5. For more details on measures to control your Out of Bundle Usage, please visit the ADSL Website or contact our call centre.
9.2 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 ADSL Website.
9.3 The default billing option for most DSL Service packages is Booster Based Billing. (For example, if you have not selected the Out of Bundle Billing option on My Account you will automatically continue on the Booster Based Billing option unless your DSL Service package clearly indicates that the Out of Bundle Billing Option applies.) In other words, when you reach or exceed your Base Cap, you will only be able to use the DSL Service to access Local-only Data up to your Free Local-only Access limit (where Free Local-only Access is applicable). You will however have no access to international websites or content until the start of the next month, unless you buy a Booster; use a Dial-Up Service (where applicable); or increase your Base Cap to a higher GB factor.
9.4 If your DSL Service package is by default on, or currently on, the Out of Bundle Billing option, or if you have selected the Out of Bundle Billing option, you will, once you reach or exceed your Base Cap, automatically be charged per MB for every additional MB of data that 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.
9.5.1 Because DSL 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.
9.5.2 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.
9.5.3 You are therefore responsible for monitoring and controlling your use of the DSL Service.
9.6 Exceeding your Base Cap
9.6.1 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 DSL Service.
9.6.2 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 DSL Service if you exceed your Base Cap at any time in the future.
9.6.3 If you exceed your Base Cap, we reserve the right to recover from you the cost of the amount of data by which you have exceeded your Base Cap.
PART C: DIAL-UP PRODUCTS (Sections 10 and 11 are applicable to Dial-Up products only)
10. DIAL-UP SERVICE
10.1 In order to utilise the Dial-Up Service, you need either an analogue or an ISDN line. The analogue or the ISDN line is not included in the Dial-Up Service and you are required to obtain it at your own cost from Telkom. You also require a Modem.
10.2 You will be liable for all telephone line rentals and call charges, directly to Telkom.
10.3 A telephone line (analogue or ISDN) is provided to you in terms of an agreement between yourself and your telephone network operator. MWEB is not a party to that agreement and only serves to provide you with access to the Dial-Up Service. MWEB is not liable for any act or omission on the part of your telephone network operator, which may affect the Dial-Up Service.
11. APPLICATION OF DSL SERVICE TERMS
Clauses 1, 3, 5, 6, 8 and 9 above apply equally to the Dial-Up Service, where applicable, and any reference in these clauses to the DSL Service shall include the Dial-Up Service.
PART D: BUNDLED CAPPED PRODUCT WITH ZERO RATED DSTV DATA
12. If you have selected this product, MWEB will provide you with your selected Base Cap as well as 5 GB of free zero rated data that you can use only to download movies from DSTV BoxOffice at http://boxoffice.dstv.com.
13. Once you have used all your zero rated data, your downloads from DSTV BoxOffice will be regarded as normal downloads and you will start using your Capped data for any further DSTV BoxOffice downloads.
14. This product is only available on Booster Based Billing. In other words, once you have reached your 5 GB Cap you will have to buy a Booster.
15. Free Local-only Access does not apply to this product.
PART E: VDSL PRODUCTS
16. Clauses 1 – 9 above apply equally to the VDSL Service.
17. To use the VDSL Service your Modem must be VDSL enabled and may require a different Modem than what is used for ADSL Services.
PART F: FON
18. Eligible MWEB Subscribers who are willing to share their Fon enabled Router, activated by default to provide a separate shared hotspot, shall by not opting out, be granted free access to all active MWEB Fon Hotspots. You automatically share your active hotspot with the Fon Community, except in the case of an opt-out.
19. You may opt-out of the MWEB Fon Service by contacting our call centre and you may opt-in again at any time. As a result of the opt-out, the Fon functionality on your Fon enabled Router will be deactivated and you shall lose your right to access the MWEB Fon Hotspots but the Fon software will remain on the router.
20. You agree that MWEB may provide shared services to Fon Users for separate use of your active hotspot connectivity.
21. MWEB Fon Hotspot locations are subject to change.
22. Fon is responsible for authenticating and managing your access to the MWEB Fon Hotspots and to do so you consent that we may provide Fon with information strictly required for this purpose such as your username, device (MAC) address and approximate location. We will remotely manage and configure your MWEB Fon Service and MWEB Fon Hotspots.
23. You are not liable for the shared use of your active hotspot and connectivity by a third-party Fon User, unless this third-party obtained access to the Fon Community using your access rights.
24. As part of the Fon Community your use of the MWEB Fon Service is subject to the Fon’s standard User License of the Fon software, Fon Terms and Conditions of Use of the Services, and Fon Privacy and Data Protection Policy which you must read as forming part of these terms and which is available at http://corp.fon.com/legal/terms-of-use (or such URL as Fon may provide). Not all the functionalities and services in the said Fon Terms will be available to you and nothing in the said Fon Terms modifies this Part F read with our product description on our Website.
25. The MWEB Fon Service is provided "as is" as a best effort service and MWEB is unable to provide any warranties as to the levels of or quality of MWEB Fon Hotspot connectivity.
26. Access to the MWEB Fon Service is subject to your MWEB product making you eligible for the MWEB Fon Service, not being terminated, disconnected or suspended. MWEB reserves the right to cancel the MWEB Fon Service or any part thereof at any time, without being liable to you in any way.
27. If MWEB subsidises the cost of the Fon enabled Router in whole or in part, and you do not use the Fon enabled Router for the MWEB Fon Service, then MWEB reserves the right to collect the Fon enabled Router from you or to recover the cost of the subsidised portion from you.