Terms and Conditions
Our best attempt to protect both you and us.
Real Fibre.
The days of buffering and slow downloads will be an issue of the past. With the obvious advantage of increase in speed, letting you and your family stream and play games faster than ever. But just what can be expected of the fast service?
Real Wireless.
On the fence about wireless internet?
With wireless internet you do not require a fixed line, making wireless quick and easy with minimal wiring. The flexibility of wireless lets you get internet access from almost everywhere, making wireless affordable in rural areas
Real LTE.
With LTE being more convienient for us South Africans, the days waiting on installations is a thing if the past with LTE being plug and play, making life easier to get connected to the internet and start watching your favourite movies and TV shows.
1. INTERPRETATION
1.1. In this Agreement, unless the context requires otherwise, each of the following words and expressions shall have the meaning stated opposite it and cognate expressions shall have a corresponding meaning, namely:
1.1.1. “Agreement“ refers to the terms and conditions of use, the terms and conditions of use of the Air Broadband (Pty) Ltd website, any copyright notice, privacy policy and any and all terms and conditions imposed in respect of the service as amended and updated from time to time;
1.1.2. “Business Hours” means Mondays to Fridays 07H30 to 16H00 excluding Public Holidays;
1.1.3. “After Hours” means Mondays to Fridays 16H00 to 22H00, Saturdays and Public Holidays from 08H00 to 18H00 and Sundays from 09H00 to 16H00.
1.1.4. “Maintenance Plan” means the optional maintenance plan sold by the service provider to cover damage to the CPE, including rain/water, lightning and other accidental damage to the CPE but excluding theft and malicious damage “inclusive of” will always be read as “inclusive of but limited< to”
1.1.5. “Client” means the subscriber on any subscription agreement, service application or service order;
1.1.6. “Client Data” means the data transmitted and received using the Air Broadband (Pty) Ltd network;
1.1.7. “CPE” means Client Premises Equipment, the radio antenna that is installed at client’s premises for the delivery of the service;
1.1.8. “Parties” means the parties to this Agreement, being the Provider and the Client, and “Party” shall mean either one of them, as the context may require; and
1.1.9. “Service provider” means Air Broadband (Pty) Ltd s , a company duly incorporated in terms of the Companies Act of South Africa (as amended), with its main place of business at 17 First Street, Arboretum, Bloemfontein, 9301 including any and all of its successors in title;
1.1.10. “ZAR” or “Rand” means the lawful currency of the Republic of South Africa.
1.2. In this Agreement, unless the context clearly indicates otherwise:
1.2.1. words importing any one gender shall include the other gender;
1.2.2. the singular shall include the plural and vice versa;
1.2.3. an expression which denotes a natural person includes a juristic person and vice versa;
1.2.4. the words “include” and “including” mean “include without limitation” and “including without limitation”. The use of the words “include” and “including” followed by a specific example or examples shall not be construed as limiting the meaning of the general wording preceding it; and
1.2.5. any reference in this Agreement to “days” shall be construed as calendar days.
1.3. The head notes to the paragraphs to this Agreement are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
1.4. If any provision in clause 1 is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that such provision is contained in such clauses, effect shall be given thereto as if such provision were a substantive provision in the body of the Agreement.
1.5. Save where clearly indicated to the contrary, expressions defined in this Agreement shall bear the same meanings in any schedule hereto unless such schedule contains an alternative definition for the expression.
1.6. Where any term is defined within the context of any particular clause in this Agreement, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the meaning ascribed to it for all purposes in terms of this Agreement, notwithstanding that that term has not been defined in this interpretation clause.
1.7. When any number of days are prescribed in this Agreement (including Business Days), same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday.
1.8. When any number of Business Days is prescribed in this Agreement, same shall be reckoned inclusively of the first and exclusively of the last Business Day.
1.9. Should the day for the performance of any obligation in terms of this Agreement fall on a day which is not a Business Day, then such obligation shall be performed on the immediately succeeding Business Day.
1.10.This Agreement shall be binding on and enforceable by the successors-in-title, administrators, trustees, permitted (in terms of this Agreement) assigns or liquidators of the parties as fully and effectually as if they had signed this Agreement in the first instance and reference to any Party shall be deemed to include such Party’s successors, administrators, trustees, permitted assigns or liquidators, as the case may be.
1.11.The expiration or termination of this Agreement shall not affect such provisions of this Agreement as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the applicable clauses do not expressly provide for such continued effect.
1.12.Any reference in this Agreement to legislation or subordinate legislation is to such legislation or subordinate legislation at the date of signature hereof and as amended and/or re-enacted from time to time.
1.13.Any reference in this Agreement to a Party shall include a reference to that Party’s assigns expressly permitted under this Agreement and, if such Party is liquidated or sequestrated, be applicable also to and binding upon that Party’s liquidator or trustee, as the case may be.
1.14.Should this Agreement be signed on a date that results in the use of any tenses herein being inappropriate, the terms shall be read in the appropriate tense.
2. INTRODUCTION OF SERVICE
2.1. Access to www via the Air Broadband (Pty) Ltd Network, wired or wireless, referred to “the service”, subject to the full terms and conditions as contained in this document.
2.2. These terms and conditions may be altered from time to time without notice, client responsible to revisit these terms and conditions from time to time to familiarize with content
2.3. by using this service you agree with the full terms and conditions as set out.
3. CONDITIONS OF USE
3.1. The service provider agrees to provide the client access to the service as subscribed to on the full terms and conditions of this agreement. By using the service you agree that you will not circumvent the user authentication process and service speed limiters or attempt to access the service provider’s network. Should the client fail to comply with the full terms and conditions of this agreement and/or breach any of the provisions specified, the client agrees to pay the service provider, on demand all costs, loss or damages incurred or suffered by the service provider as a result of such breach.
4. SERVICE AVAILABILITY
4.1. The service provider will use the best possible endeavours to ensure that the service is available at all times. The client however indemnifies the service provider from any losses whatsoever, be it loss of business information, loss of data or any other direct or indirect financial losses resulting from unavailability or interruption of the service regardless of whether such a claim is based on breach of contract, intentional/negligent breach of duty of care that inflicts loss or harm that triggers legal liability, implied warranties or even if the service provider or its employees were negligent.
5. COMMUNICATION WITH THE SERVICE PROVIDER AND STAFF
5.1. Clients can be held accountable for their conduct towards the staff of Air Broadband (Pty) Ltd, including conduct pertaining to allegations or malicious conduct directed towards Air Broadband (Pty) Ltd or its staff.
5.2. Any abusive behaviour including but not limited to threats, offensive language, aggressive conduct or any type of intimidation on a public forum directed at Air Broadband (Pty) Ltd or its staff will not be tolerated. Should such conduct occur, Air Broadband (Pty) Ltd reserves the right to suspend or terminate all services to a client with immediate effect.
5.3. Any client that uses public platforms such as forums or social media to spread false allegations, defamation or cause any action that diminish the reputation or public perception of Air Broadband (Pty) Ltd could have their services suspended or terminated with immediate effect. Air Broadband (Pty) Ltd also reserves the right to institute appropriate action against such a client to remedy any such perception.
6. SECURITY & PRIVACY
6.1. Air Broadband (Pty) Ltd reserves the right to intercept and monitor all usage and flow of communication through the service provided and take any other action required to ensure that the security and reliability of its network is not compromised.
6.2. All customer information required for providing the service including personal information such as address, telephone numbers and banking details will be kept in the strictest confidence by Air Broadband (Pty) Ltd and will not be distributed or sold to third parties.
6.3. The client may not use the service of Air Broadband (Pty) Ltd in any way that can compromise the security of its network and may not tamper with the network or service in any way.
6.4. The client is solely responsible for the protection of their data on any personal computing devices (Computers, Laptops, Tablets, Smartphones) when using the Air Broadband (Pty) Ltd service. Devices should be adequately protected with the required anti-virus, spyware, firewall and encryption where required. Air Broadband (Pty) Ltd cannot be held responsible for any breach of security that occurs on client devices.
6.5. The client may not use the service provided by Air Broadband (Pty) Ltd for any illegal or unlawful activity. This includes (but is not limited to) gathering or email addresses or names for political, commercial, charitable or any other use as well as gathering personal information of third parties without their consent. In addition, the client may not violate or allow the violation the privacy of any person or attempt to gain unauthorised access to the Air Broadband (Pty) Ltd network or any other network by hacking, phishing, password mining or any other action that compromises the privacy of any person or network.
6.6. If any client is found to engage in any of the above actions, Air Broadband (Pty) Ltd reserves the right, without prejudice to any other rights to without notice and immediate effect, suspend or terminate any client service and/or agreement without refunding any paid service as any such action is deemed a breach of contract. Furthermore, Air Broadband (Pty) Ltd reserves the right to invoice the client with any costs incurred inclusive of bandwidth, administrative fees, possible downtime caused and any other costs incurred to rectify the breach of security. Although the client’s personal information is protected by a confidentiality clause, client information may be made available to any person or entity affected by these actions.
6.7. Air Broadband (Pty) Ltd does not keep a record of any passwords to access client premises Wi-Fi routers. It is the responsibility of the client to ensure that access to premises equipment is secured by not providing outside parties with the access code to connect to these routers.
7. SUBSCRIPTION OPTIONS AND NOTICE PERIODS
7.1. Should a client opt to cancel the agreement at any time, the client is obliged to give Air Broadband (Pty) Ltd one (1) calendar months’ written notice.
7.1.1. Should the client fail to communicate such cancellation in writing to Air Broadband (Pty) Ltd, Air Broadband (Pty) Ltd reserves the right to continue billing the client for ISP services rendered until such time as the notice period (one calendar month), calculated from date of receipt of the written notice of cancellation is received by Air Broadband (Pty) Ltd.
8. BREACH OF CONTRACT
8.1. The following conduct will constitute breach of contract by the subscriber
8.1.1. Using the internet service for any illegal activities
8.1.2. Bypassing any authentication methods and/or speed or data limitation methods used by the service provider.
8.1.3. Accessing or attempting to access any part of the service provider’s network infrastructure.
8.1.4. Failing to make payment for provision of services within the stipulated time frame.
8.1.5. Abusive behaviour including but not limited to threats, offensive language, aggressive conduct or any type of intimidation on a public forum directed at Air Broadband (Pty) Ltd or its staff.
8.2. Where a client is in breach of contract, Air Broadband (Pty) Ltd reserves the right to cancel any subscription agreement with the client by giving 24 hours’ notice of cancellation of services. In addition to terminating an account, the service provider can take any action deemed necessary to collect any monies outstanding from the subscriber in lieu of his subscription agreement and may collect all equipment deemed part of the subscription agreement from the premises of the subscriber. Failure by the subscriber to allow access to the service provider to remove the CPE device from the subscription address may result in legal action to remedy the situation.
9. REFUNDS AND HANDLING FEES
All installation fees and subscription fees are payable in advance. When a client requests an installation the service provider will invoice the work performed and payment must be received after the scheduled work has been completed. The following stipulated terms will be in effect depending on the matter that arises.
9.1. Cancellation of installation by the Client
9.1.1. Should a client have requested an installation and payment have been received it will be deemed a binding agreement between the client and the service provider to undertake the installation and provide the service as selected by the client. Where a client then decides to cancel the installation (when installation has not taken place) the service provider will refund the client for the installation and subscription paid less a 15% (fifteen percent) administration fee.
9.1.2. A cancellation fee of R1750.00 will be applicable on any fibre cancellation as per the upstream providers’ terms and conditions, this includes but is not limited to Frogfoot and SADV.
9.1.3. Should the client cancel the service after the installation was completed, no refund will be made to client for the installation undertaken. Where such installation was part of a subsidised subscriber agreement, the service provider will also take possession of the CPE device as per normal cancellation of subsidised agreements.
9.2. Cancellation of installation by Service Provider
9.2.1. Where an installation was paid for by a client and subsequently the service provider determines that service cannot be provided to a client as a result of the client falling outside the service provider’s coverage area or other factors such as poor reception area will hinder a stable service to the client the service provider will deem the subscription agreement as null and void and will refund the client the full amount received without penalty. No refund will be made by the service provider for any bank charges billed to the client.
9.3. Bank charges
9.3.1. Payments received in lieu of Internet installations and/or monthly subscriptions that is received by way of a cash deposit to the bank will attract bank charges. Should the client request cancellation and refund of said deposit, Air Broadband (Pty) Ltd will refund the client the net amount deposited less bank charges relating to the transaction in addition to the 15% administration fee.
10. EQUIPMENT
10.1. The Equipment will be provisioned with a standard configuration in respect of the ordered Service.
10.2. Air Broadband supplies, configures and tests the Customer Premises Equipment, Access Point and/or Terminal Equipment.
10.3. In the event of failure of the Equipment, Air Broadband will repair or replace (at Air Broadband’s discretion) the Equipment where such failure is covered by the warranty of the original equipment manufacturer. Where the Equipment is replaced, you must return the original Equipment to Air Broadband.
10.4. You accept liability for any costs incurred by Air Broadband as a result of repair or replacement of Equipment where the Equipment failure was caused by your use, misuse or changes to the Equipment, other than as previously agreed to in writing by Air Broadband. Any damages incurred due to natural or related causes not within the warranty scope, will be the liability of the client.
10.5. Equipment will remain in the property of Air Broadband as provisioned upon installation.
11. SERVICE PROVIDERS’ RIGHT FOR COLLECTION OF SUBSCRIPTIONS
11.1.Should a matter arise where the service provider billed an amount less than the agreed subscription fee the service provider reserves the right to bill the client for any amount that should have been billed as per the subscriber agreement. The service provider does not give up its rights for the collection of the amount that has become in arrears as a result of such an error or omission. The client undertakes to make payment of any such arrear amount that resulted from incorrect billing by the service provider notwithstanding payment of the revised subscription as per the original subscription agreement which will become due on the next billing cycle.
12. SUSPENSION OF SERVICES
12.1.Where a subscriber fails to make payment on the date of the subscription fee becoming due, the service provider has the right to suspend the service to any subscriber without providing further notice. All subscriptions are payable in advance and payment for services for the month is payable on or before the 1st day of the month for the service to be delivered in the forthcoming month. Where a client has signed a debit order with the service provider and the debit order is not honoured by the subscriber’s bank, the account will be deemed not paid and will be suspended without notice to the subscriber. Suspension of services does not relieve the subscriber of the obligation to continue paying for the service. Billing will continue for the suspended period, and the subscriber remains liable for all outstanding amounts.
13. RECONNECTION FEES
13.1.Where a subscriber’s service has been suspended due to late or non-payment by the due date stipulated on the invoice the service provider will bill a reconnection fee of R150.00 inclusive of VAT to the account of the subscriber. The subscriber must pay this reconnection fee as well as the normal subscription amount and any other fees such as interest before the account will be re-activated.In addition, any outstanding balances,including but not limited to, unpaid subscription fees for the period of suspension, must be settled in full before reconnection. At present, the service provider allows a grace period up to the 7th day of the month before suspending accounts. This grace period can be revised at any time without notification.
13.2.All related subscription fees and any other penalty fees not paid on due date by the subscriber will be subject to interest payable at a rate of 1.25% per month.
13.3.Where a subscriber’s service has been taken over by another customer a re-connection/admin fee will be applicable. The subscriber must pay this re-connection/admin fee as well as the normal subscription amount and any other fees before the account will be re-activated on the new client name.
14. REDUCED SUBSCRIPTIONS IN PROMOTIONAL PERIODS
14.1.From time to time the service provider may offer discounted subscription and/or installation fees as a promotion for new clients.
14.2.Notwithstanding the prices offered in these promotional periods, subscribers remain bound by their original subscription agreements and the rate of subscriptions as contained in said agreements. Existing subscribers will not automatically qualify for the reduced subscriptions and in no way will such promotions constitute a change in the original subscriber agreement.
14.3.Air Broadband (Pty) Ltd reserves the right to offer promotional subscription periods without notification to existing subscribers nor is Air Broadband (Pty) Ltd obliged to offer these reduced subscriptions to existing subscribers.
15. JURISDICTION
15.1.In the event of a dispute arising out of this agreement, the Seller consents to the jurisdiction of the Magistrates Court in regard to any proceedings which may be instituted. The Purchaser shall, however, be entitled to proceed in any division of the Supreme Court having jurisdiction should it so elect.
16. NOTICES AND DOMICILIA
16.1.The Parties select as their respective domiciliacitandi et executandi for the purpose of legal proceedings and for the purposes of giving or sending any notice provided for or necessary in terms of this Agreement, the following addresses –
16.1.1. THE SERVICE PROVIDER chooses its domiciliumcitandietexecutandi at 17 First Street, Arboretum, Bloemfontein, 9301.
16.1.2. THE CLIENT chooses its domiciliumcitandi et executandi at the address inserted on the application form duly competed by the client, or such other address or telefax number as may be substituted by notice given as required. Each of the Parties will be entitled from time to time to vary its domicilium by written notice to the other to any other address within the Republic of South Africa which is not a post office box or poste restante.
16.2.Any notice addressed to a Party at its physical or postal address will be sent by prepaid registered post, or delivered by hand, sent by telefax, or sent by email.
16.3.A notice will be presumed, unless the contrary is proved, to have been given –
16.3.1. if posted by prepaid registered post, 5 (five) days after the date of posting thereof;
16.3.2. if hand delivered during business hours on a business day, on the day of delivery;
16.3.3. if sent by telefax or email, on the first business day following the date of sending of such telefax or email.
17. EFFECT OF INVALID OR UNENFORCEABLE CLAUSES
17.1.If any provision of this agreement is held by any court or other competent authority to be invalid or unenforceable in whole or in part, this agreement shall continue to be valid as to its other provisions and the remainder of the affected provision, unless it can be concluded from the circumstances that, in the absence of the provision found to be null and void, the Parties would not have concluded this agreement.
17.2.The Parties shall use all reasonable efforts to replace all provisions found to be null and void by provisions that are valid under the applicable law and come closest to their original intention.
18. ENTIRE AGREEMENT
18.1.This agreement sets out the entire agreement between the Parties. No Party has entered into this agreement in reliance upon any representation, warranty or undertaking of the other Party that is not expressly set out or referred to in this agreement. This clause shall not exclude any liability for fraudulent misrepresentation. This agreement supersedes any previous agreement or understanding relating to its subject matter;
18.2.This agreement may not be varied except by an agreement of the Parties and reduced to writing.
19. WAIVER
19.1.No waiver of any of the terms and conditions of this Agreement will be binding for any purpose unless expressed in writing and signed by the Party giving same, and any such waiver will be effective only in the specific instance and for the purpose given. No failure or delay on the part of either Party in exercising any right, power or privilege will operate as a waiver, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
19.2.No indulgences allowed by the Purchaser to the Seller from time to time in respect of the latter’s obligations herein shall prejudice the Purchaser in any way from subsequently strictly enforcing any term, condition or provision of this agreement and / or no delay or failure on the part of the Purchaser in the exercise of any right herein shall operate as a waiver thereof and no waiver whatsoever shall be valid unless set out in writing and signed by the Seller and then only to the extent therein expressly set forth.
20. LEGAL COSTS AS A RESULT OF BREACH
20.1.If as a result of the breach of any one of the provision of this Agreement by any of the Parties to this Agreement, then the Party so in breach will be liable for all legal costs and disbursements so incurred on a scale as between Attorney and Client, on the High Court Scale.
21. LANGUAGE OF AGREEMENT
21.1.This agreement has been negotiated and concluded in English. It may be translated into any other language for practical purposes, but the version shall prevail in the event of any doubt.
22. APPLICABLE LAW
22.1.The proper law of this agreement is the law of the Republic of South Africa, and accordingly any dispute relating to this agreement, including any dispute about its validity, existence, interpretation, rectification, breach or termination or any dispute about any matter arising out of this agreement, its avoidance, interpretation, rectification, breach or termination shall be determined according to the laws of the Republic of South Africa.
23. EXECUTION
23.1.By virtue of the client signature duly appended to the Provider’s Application form, the client agrees to be bound by these said terms and conditions recorded herein.
Access Global Networks Fibre to the Home
1. PROVISION OF SERVICE
Air Broadband hereby undertakes to install, provide and maintain the Service(s) as set out in the Application Form.
2. DEFINITIONS
2.1. “Agreement” means the agreement contained in these Standard Terms and Conditions together with the Application Form.
2.2. “Commission” means that the Service(s) have been installed and are available for use by the Customer.
2.3. “Customer” means the person or company applying for Services as set out in the attached Application Form.
2.4.”Air Broadband’s” means Air Broadband (Pty) Ltd, Registration No: 2014/061043/07
2.5. “Effective Date” means the date of the booking of the installation to be performed and thereafter.
2.6.“Initial Term” means the period specified under “contract duration” on the Application Form.
2.7.“Outage”: means that the service is unavailable to all equipment on the Customer network as a result of a problem on Air Broadband’s network or a cable break between Air Broadband’s and the Customer.
2.8.“Services” means the provision of Data and Voice services in terms of this Agreement.
3. AGREEMENT DOCUMENTS
3.1. The following documents form part of this Agreement and shall be read in conjunction with these documents:
a) Application Form
b) Standard Terms and Conditions
3.2. In the event of any ambiguity between these documents, the following order of precedence shall apply:
a) The Application Form
b) Standard Terms and Conditions
4. TERM
4.1. This Agreement takes effect on the Effective Date and is subject to the installation option selected as below:
4.1.1. Month to month contracts will commence on a monthly basis from date of commission.
4.2. If Customer terminates a scheduled installation of Access Point prior to it being activated by Air Broadband or prevents Air Broadband from activating the Access Point after it has been ordered and scheduled for installation, then the Customer shall be liable to Air Broadband for any installation and other charges that it is liable to pay the network operator.
5. CONDITIONS
5.1. The Customer understands and accepts that the provision of the Service(s) as set out in the Application Form, shall be subject to the provisions of the Electronic Communications Act, 36 of 2005 (the Act) and the licenses issued to Air Broadband’s.
5.2. The Customer hereby consents that, and authorizes Air Broadband’s to:
5.2.1. Contact, request and obtain information from any credit provider or registered credit bureau relevant to an assessment of the behaviour, profile, payment patterns, indebtedness, whereabouts, and creditworthiness of the Customer;
5.2.2. Furnish information concerning the behaviour, profile, payment patterns, indebtedness, whereabouts, and creditworthiness of the Customer to any registered credit bureau or to any credit provider seeking a trade reference regarding the Customer’s dealings with Air Broadband’s.
5.3. Air Broadband’s shall not at all be liable for any loss or damage a rising from a delay in providing the Service(s).
5.4. Air Broadband provides no specific availability guarantees for Access Home Services (Fibre to the Home Services).
5.5. Air Broadband aims to resolve any valid connectivity related faults within three (3) business days.
6. INSTALLATION AND RENTAL CHARGES
6.1. The Customer undertakes to pay Air Broadband the prescribed Installation Fee and Monthly Rental as set out in the Application Form, monthly in advance from the date the Service(s) is commissioned, which charges may be subject to adjustments from time to time as determined by Air Broadband.
6.2. Network operators may charge a separate installation fee, billed directly to the Customer, for the installation of the Access Point from the property boundary to within the home – even if and notwithstanding that the service is ordered directly with Air Broadband.
6.3. Each network operator defines its own standard installation. If a nonstandard installation, re-installation or any move of equipment is required, the Customer shall be responsible for the costs of any facilities, extra cabling, additional trenching and other expenses that is necessary to install the Access Circuit. Such costs shall either be charged by the relevant network operator directly to the Customer, or through Air Broadband, depending on the business model of the network operator.
7. SERVICE CHANGES
7.1. If the Customer requires the service to be moved from one premises to another after the service has been commissioned, the move will be seen as a cancellation of the current contract and new application. The Customer will be required to submit a new Application Form. The moving of the circuit will be seen as a new installation with applicable cost.
7.2. The Customer may request Air Broadband to increase/decrease the bandwidth of the Service(s) at the ruling installation at any time during the contract term as defined in clause 4. The Customer will be required to provide written notice to Air Broadband.
7.3. Air Broadband will bill the client for the highest line speed used during a calendar month (i.e. there will be no pro-rata split billing where line changes was affected during a calendar month).
7.4. Changes in the line speed may result in the Terminal Equipment rebooting, which will result in downtime which Air Broadband will not be liable for.
7.5. The network operator may require to replace the current Terminal Equipment if necessary.
8. TERMINATION AND SUSPENSION OF SERVICE
8.1. Should Air Broadband offer to conditionally waive or subsidise the installation fee and Customer terminate your subscription within twenty-four (24) months of activating the Access Point, the full installation or setup and configuration fee & remaining period of contract is payable as part of the termination fee. Termination fees will not be pro-rated.
8.2. Air Broadband may terminate this Agreement and suspend services should the Customer fail to pay in full the fees set out in the Application Form and/or service changes as demanded by the Customer.
8.2.1. Suspension of services due to non-payment or outstanding funds may be performed without notice to the client.
8.2.2. If services are suspended, a admin / reconnection fee of R150 will be applicable
8.3. One Calendar month written notice must be given for cancellations
9. EQUIPMENT
9.1. The Equipment will be provisioned with a standard configuration in respect of the ordered Service. Air Broadband will retain the password for the Equipment and will be responsible for the IP configuration of the Service Configuration.
9.2. Air Broadband or the network operator supplies, configures and tests the Access Point and/or Terminal Equipment.
9.3. In the event of failure of the Equipment, Air Broadband will repair or replace (at Air Broadband’s discretion) the Equipment where such failure is covered by the warranty of the original equipment manufacturer. Where the Equipment is replaced, you must return the original Equipment to Air Broadband.
9.4. You accept liability for any costs incurred by Air Broadband as a result of repair or replacement of Equipment where the Equipment failure was caused by your use, misuse or changes to the Equipment, other than as previously agreed to in writing by Air Broadband. Any damages incurred due to natural or related causes not within the warranty scope, will be the liability of the client.
9.5. Equipment will remain in the property of Air Broadband & Fibre provider.
10. REDUCED SUBSCRIPTIONS IN PROMOTIONAL PERIODS
10.1. From time to time the service provider may offer discounted subscription and/or installation fees as a promotion for new clients.
10.2. Notwithstanding the prices offered in these promotional periods, subscribers remain bound by their original subscription agreements and the rate of subscriptions as contained in said agreements. Existing subscribers will not automatically qualify for the reduced subscriptions and in no way will such promotions constitute a change in the original subscriber agreement.
10.3. Air Broadband (Pty) Ltd reserves the right to offer promotional subscription periods without notification to existing subscribers nor is Air Broadband (Pty) Ltd obliged to offer these reduced subscriptions to existing subscribers.
10.4. Promotional pricing is subject to availability, either from the upstream network operator or Air Broadband and may be withdrawn at any time without notice.
11. VAT
11.1. All prices are subject to VAT at 15%
Evolution Optix Fibre to the Home
1. PROVISION OF SERVICE
Air Broadband hereby undertakes to install, provide and maintain the Service(s) as set out in the Application Form.
2. DEFINITIONS
2.1. “Agreement” means the agreement contained in these Standard Terms and Conditions together with the Application Form.
2.2. “Commission” means that the Service(s) have been installed and are available for use by the Customer.
2.3. “Customer” means the person or company applying for Services as set out in the attached Application Form.
2.4. ”Air Broadband’s” means Air Broadband (Pty) Ltd, Registration No: 2014/061043/07
2.5. “Effective Date” means the date of the booking of the installation to be performed and thereafter.
2.6. “Initial Term” means the period specified under “contract duration” on the Application Form.
2.7. “Outage”: means that the service is unavailable to all equipment on the Customer network as a result of a problem on Air Broadband’s network or a cable break between Air Broadband’s and the Customer.
2.8. “Services” means the provision of Data and Voice services in terms of this Agreement.
3. AGREEMENT DOCUMENTS
3.1. The following documents form part of this Agreement and shall be read in conjunction with these documents:
a) Application Form
b) Standard Terms and Conditions
3.2. In the event of any ambiguity between these documents, the following order of precedence shall apply:
a) The Application Form
b) Standard Terms and Conditions
4. TERM
4.1. This Agreement takes effect on the Effective Date and is subject to the installation option selected as below:
4.1.1. Month to month contracts will commence on a monthly basis from date of commission.
4.2. If Customer terminates a scheduled installation of Access Point prior to it being activated by Air Broadband or prevents Air Broadband from activating the Access Point after it has been ordered and scheduled for installation, then the Customer shall be liable to Air Broadband for any installation and other charges that it is liable to pay the network operator.
5. CONDITIONS
5.1. The Customer understands and accepts that the provision of the Service(s) as set out in the Application Form, shall be subject to the provisions of the Electronic Communications Act, 36 of 2005 (the Act) and the licenses issued to Air Broadband’s.
5.2. The Customer hereby consents that, and authorizes Air Broadband’s to:
5.2.1. Contact, request and obtain information from any credit provider or registered credit bureau relevant to an assessment of the behaviour, profile, payment patterns, indebtedness, whereabouts, and creditworthiness of the Customer;
5.2.2. Furnish information concerning the behaviour, profile, payment patterns, indebtedness, whereabouts, and creditworthiness of the Customer to any registered credit bureau or to any credit provider seeking a trade reference regarding the Customer’s dealings with Air Broadband’s.
5.3. Air Broadband’s shall not at all be liable for any loss or damage a rising from a delay in providing the Service(s).
5.4. Air Broadband provides no specific availability guarantees for Access Home Services (Fibre to the Home Services).
5.5. Air Broadband aims to resolve any valid connectivity related faults within three (3) business days.
6. INSTALLATION AND RENTAL CHARGES
6.1. The Customer undertakes to pay Air Broadband the prescribed Installation Fee and Monthly Rental as set out in the Application Form, monthly in advance from the date the Service(s) is commissioned, which charges may be subject to adjustments from time to time as determined by Air Broadband.
6.2. Network operators may charge a separate installation fee, billed directly to the Customer, for the installation of the Access Point from the property boundary to within the home – even if and notwithstanding that the service is ordered directly with Air Broadband.
6.3. Each network operator defines its own standard installation. If a nonstandard installation, re-installation or any move of equipment is required, the Customer shall be responsible for the costs of any facilities, extra cabling, additional trenching and other expenses that is necessary to install the Access Circuit. Such costs shall either be charged by the relevant network operator directly to the Customer, or through Air Broadband, depending on the business model of the network operator.
7. SERVICE CHANGES
7.1. If the Customer requires the service to be moved from one premises to another after the service has been commissioned, the move will be seen as a cancellation of the current contract and new application. The Customer will be required to submit a new Application Form. The moving of the circuit will be seen as a new installation with applicable cost.
7.2. The Customer may request Air Broadband to increase/decrease the bandwidth of the Service(s) at the ruling installation at any time during the contract term as defined in clause 4. The Customer will be required to provide written notice to Air Broadband.
7.3. Air Broadband will bill the client for the highest line speed used during a calendar month (i.e. there will be no pro-rata split billing where line changes were affected during a calendar month).
7.4. Changes in the line speed may result in the Terminal Equipment rebooting, which will result in downtime which Air Broadband will not be liable for.
7.5. The network operator may require to replace the current Terminal Equipment if necessary.
8. TERMINATION AND SUSPENSION OF SERVICE
8.1. Air Broadband may terminate this Agreement and suspend services should the Customer fail to pay in full the fees set out in the Application Form and/or service changes as demanded by the Customer.
8.1.1. Suspension of services due to non-payment or outstanding funds may be performed without notice to the client.
8.1.2. If services are suspended, a admin / reconnection fee of R150 will be applicable
8.2. One Calendar month written notice must be given for cancellations
9. EQUIPMENT
9.1. The Equipment will be provisioned with a standard configuration in respect of the ordered Service. Air Broadband will retain the password for the Equipment and will be responsible for the IP configuration of the Service Configuration.
9.2. Air Broadband or the network operator supplies, configures and tests the Access Point and/or Terminal Equipment.
9.3. In the event of failure of the Equipment, Air Broadband will repair or replace (at Air Broadband’s discretion) the Equipment where such failure is covered by the warranty of the original equipment manufacturer. Where the Equipment is replaced, you must return the original Equipment to Air Broadband.
9.4. You accept liability for any costs incurred by Air Broadband as a result of repair or replacement of Equipment where the Equipment failure was caused by your use, misuse or changes to the Equipment, other than as previously agreed to in writing by Air Broadband.
9.4.1. Any damages incurred due to natural or related causes not within the warranty scope, will be the liability of the client.
9.5. Equipment will remain in the property of Air Broadband & Fibre provider.
10. REDUCED SUBSCRIPTIONS IN PROMOTIONAL PERIODS
10.1. From time to time the service provider may offer discounted subscription and/or installation fees as a promotion for new clients.
10.2. Notwithstanding the prices offered in these promotional periods, subscribers remain bound by their original subscription agreements and the rate of subscriptions as contained in said agreements. Existing subscribers will not automatically qualify for the reduced subscriptions and in no way will such promotions constitute a change in the original subscriber agreement.
10.3. Air Broadband (Pty) Ltd reserves the right to offer promotional subscription periods without notification to existing subscribers nor is Air Broadband (Pty) Ltd obliged to offer these reduced subscriptions to existing subscribers.
10.4. Promotional pricing is subject to availability, either from the upstream network operator or Air Broadband and may be withdrawn at any time without notice.
11. VAT
11.1. All prices are subject to VAT at 15%
Frogfoot Fibre to the Home
1. PROVISION OF SERVICE
Air Broadband hereby undertakes to install, provide and maintain the Service(s) as set out in the Application Form.
2. DEFINITIONS
2.1. “Agreement” means the agreement contained in these Standard Terms and Conditions together with the Application Form.
2.2. “Commission” means that the Service(s) have been installed and are available for use by the Customer.
2.3. “Customer” means the person or company applying for Services as set out in the attached Application Form.
2.4. ”Air Broadband’s” means Air Broadband (Pty) Ltd, Registration No: 2014/061043/07
2.5. “Effective Date” means the date of the booking of the installation to be performed and thereafter.
2.6. “Initial Term” means the period specified under “contract duration” on the Application Form.
2.7. “Outage”: means that the service is unavailable to all equipment on the Customer network as a result of a problem on Air Broadband’s network or a cable break between Air Broadband’s and the Customer.
2.8. “Services” means the provision of Data and Voice services in terms of this Agreement.
3. AGREEMENT DOCUMENTS
3.1. The following documents form part of this Agreement and shall be read in conjunctionwith these documents:
a) Application Form
b) Standard Terms and Conditions
3.2. In the event of any ambiguity between these documents, the following order of precedence shall apply:
a) The Application Form
b) Standard Terms and Conditions
4. TERM
4.1. This Agreement takes effect on the Effective Date and is subject to the installation option selected as below:
4.1.1. Month to month contracts will commence on a monthly basis from date of commission.
4.2. If Customer terminates a scheduled installation of Access Point prior to it being activated by Air Broadband or prevents Air Broadband from activating the Access Point after it has been ordered and scheduled for installation, then the Customer shall be liable to Air Broadband for any installation and other charges that it is liable to pay the network operator.
5. CONDITIONS
5.1. The Customer understands and accepts that the provision of the Service(s) as set out in the Application Form, shall be subject to the provisions of the Electronic Communications Act, 36 of 2005 (the Act) and the licenses issued to Air Broadband’s.
5.2. The Customer hereby consents that, and authorizes Air Broadband’s to: 5.2.1. Contact, request and obtain information from any credit provider or registered credit bureau relevant to an assessment of the behaviour, profile, payment patterns, indebtedness, whereabouts, and creditworthiness of the Customer;
5.2.2. Furnish information concerning the behaviour, profile, payment patterns, indebtedness, whereabouts, and creditworthiness of the Customer to any registered credit bureau or to any credit provider seeking a trade reference regarding the Customer’s dealings with Air Broadband’s.
5.3. Air Broadband’s shall not at all be liable for any loss or damage a rising from a delay in providing the Service(s).
5.4. Air Broadband provides no specific availability guarantees for Access Home Services (Fibre to the Home Services).
5.5. Air Broadband aims to resolve any valid connectivity related faults within three (3) business days.
6. INSTALLATION AND RENTAL CHARGES
6.1. The Customer undertakes to pay Air Broadband the prescribed Installation Fee as set out in the Application Form, monthly in advance from the date the Service(s) is commissioned, which charges may be subject to adjustments from time to time as determined by Air Broadband.
6.2. Network operators may charge a separate installation fee, billed directly to the Customer, for the installation of the Access Point from the property boundary to within the home – even if and notwithstanding that the service is ordered directly with Air Broadband.
6.3. Each network operator defines its own standard installation. If a nonstandard installation, re-installation or any move of equipment is required, the Customer shall be responsible for the costs of any facilities, extra cabling, additional trenching and other expenses that is necessary to install the Access Circuit. Such costs shall either be charged by the relevant network operator directly to the Customer, or through Air Broadband, depending on the business model of the network operator.
7. SERVICE CHANGES
7.1. If the Customer requires the service to be moved from one premises to another after the service has been commissioned, the move will be seen as a cancellation of the current contract and new application. The Customer will be required to submit a new Application Form. The moving of the circuit will be seen as a new installation with applicable cost.
7.2. The Customer may request Air Broadband to increase/decrease the bandwidth of the Service(s) at the ruling installation at any time during the contract term as defined in clause 4. The Customer will be required to provide written notice to Air Broadband.
7.3. Air Broadband will bill the client for the highest line speed used during a calendar month (i.e. there will be no pro-rata split billing where line changes were affected during a calendar month).
7.4. Changes in the line speed may result in the Terminal Equipment rebooting, which will result in downtime which Air Broadband will not be liable for.
7.5. The network operator may require to replace the current Terminal Equipment if necessary.
8. TERMINATION AND SUSPENSION OF SERVICE
8.2. Should Air Broadband offer to conditionally waive or subsidise the installation fee and Customer terminate your subscription within twenty-four (24) months of activating theAccess Point, the full installation or setup and configuration fee is payable as part of the termination fee. Termination fees will not be pro-rated.
8.3. Air Broadband may terminate this Agreement and suspend services should the Customer fail to pay in full the fees set out in the Application Form and/or service changes as demanded by the Customer.
8.3.1. Suspension of services due to non-payment or outstanding funds may be performed without notice to the client.
8.3.2. If services are suspended, a admin / reconnection fee of R150 will be applicable
8.4. A Calendar month written notice is required for the cancellation of a service.
9. EQUIPMENT
9.1. The Equipment will be provisioned with a standard configuration in respect of the ordered Service. Air Broadband will retain the password for the Equipment and will be responsible for the IP configuration of the Service Configuration
9.2. Air Broadband or the network operator supplies, configures and tests the Access Point and/or Terminal Equipment.
9.3. In the event of failure of the Equipment, Air Broadband will repair or replace (at Air Broadband’s discretion) the Equipment where such failure is covered by the warranty of the original equipment manufacturer. Where the Equipment is replaced, you must return the original Equipment to Air Broadband.
9.4. You accept liability for any costs incurred by Air Broadband as a result of repair or replacement of Equipment where the Equipment failure was caused by your use, misuse or changes to the Equipment, other than as previously agreed to in writing by Air Broadband. Any damages incurred due to natural or related causes not within the warranty scope, will be the liability of the client.
9.5. Equipment remains the property of fibre provider & Air Broadband.
10. REDUCED SUBSCRIPTIONS IN PROMOTIONAL PERIODS
10.1. From time to time the service provider may offer discounted subscription and/or installation fees as a promotion for new clients.
10.2. Notwithstanding the prices offered in these promotional periods, subscribers remain bound by their original subscription agreements and the rate of subscriptions as contained in said agreements. Existing subscribers will not automatically qualify for the reduced subscriptions and in no way will such promotions constitute a change in the original subscriber agreement.
10.3. Air Broadband (Pty) Ltd reserves the right to offer promotional subscription periods without notification to existing subscribers nor is Air Broadband (Pty) Ltd obliged to offer these reduced subscriptions to existing subscribers.
10.4. Promotional pricing is subject to availability, either from the upstream network operator or Air Broadband and may be withdrawn at any time without notice.
11. VAT
11.1. All prices are subject to VAT at 15%
Fixed LTE
1. Interpretation Capitalized terms not defined herein shall have the same meaning ascribed thereto in the General Terms. Unless a contrary intention clearly appears, the following terms shall have the following meanings in these Product Terms:
1.1 “Any-Time Data” means data allocation that Customers can use at any time of any day.
1.2. “Best Effort” refers to a data service where Upload or Download speeds cannot be guaranteed by the service provider or upstream provider based on the nature of the LTE network, and Customer accessmethod.
1.3. “Capped” means that once the Data Cap is reached, the service will cease to function until such time as more data is allocated to the username.
1.4. “Data Cap” meansthe amount of In Bundle Data allocated as part of the Subscription where, for example, if 1GB is allocated, once such 1GB has been depleted Top Up Data additional will need to be purchased.
1.5. “Equipment” means the hardware required to make use of the LTE Service and/or Failover Service, including but not limited to a USB modem, mobile Router, or desktop Router.
1.6. “Fair Usage Policy (FUP)” means the policy implemented by Air Broadband in respect ofthe LTE Service when Uncapped, to ensure that every Customer uses data in moderation, the terms of which are set out in clause 6. Such policy may be amended by Air Broadband from time to time subject to
(i) more restrictive measures that may be introduced being reasonable and proportionate; and
(ii) fair notice being given to the Customer of any material change.
1.7. “GB” means Gigabyte and is 2 10bytes.
1.8. “GSM” means Global System for Mobile Communications.
1.9. “Inclusive Data” means the data included in the specific package subscribed for by the Customer.
1.10. “In Coverage” refers to the geographical area falling within the Upstream Service Provider’s Network Coverage.
1.11. “IP Address” or “IP” means is a unique address that identifies a device on the Internet or a local network that uses the Internet Protocol for communication.
1.12. “Kbps” means Kilobits Per Second.
1.13. “LTE Service” means the Air Broadband Fixed LTE Service, which does not include the Failover Service.
1.14. “Mbps” means Megabits per second.
1.15. “MNO” means Mobile Network operator e.g., MTN, Vodacom, Telkom, Cell C or Rain.
1.16. “Mobile Network” means the mobile telecommunication network and/or the wireless platform for Internet and/or data services.
1.17. “Network Coverage” means the geographical area within which the MNO data services can be accessed and used by the Customer.
1.18. “NNTP” means Network News Transfer Protocol.
1.19. “Peer-to-Peer” means relating to a network by which computers operated by individuals can share information and resources directly without relying on a dedicated central server;
1.20. “QOS” means Quality of Service.
1.21. “RICA” means the Regulation of Interception and Provision of Communication-related Information Act 70 of 2002.
1.22. “Router” is a type ofthe Managed Service Equipment and is a device supplied by Air Broadband into which the SIM is inserted and that connects the Customer to the Mobile Network.
1.23. “SIM Card” means Subscriber Identity Module card.
1.24. “Subscription” means the Customer’s subscription to the LTE Service and/or the Failover Service, as the case may be, asspecified in the Subscriber Agreement.
1.25. “Top Up Data” refers to a once off add on bundle of data purchased to supplement a Service account.
1.26. “Uncapped” means there is no limit on the amount of data the Customer is permitted to use, subject to Fair Usage Policy.
1.27. “Upgrade/ Downgrade” means changing the subscribed package to either a higher or lower data allocation respectively.
1.28. “Upstream Service Provider” means Mobile Network Operator.
1.29. “VOIP” means Voice over Internet Protocol.
2. Service Definitions
2.1. LTE Service:
2.1.1. is a Best Effort Fixed LTE advanced service that provides the Customer with:
a) Capped Any-Time Data; or
b) Uncapped data 24 hours per day, subject to the Fair Usage Policy;
2.1.2. Provides Internet access by transmitting and delivering IP packets between the Equipment at the Customer’s premises connected on the Air Broadband Network through the MNO LTE network and other networks, following Air Broadband’s standard business arrangements with providers of such other networks;
2.1.3. is a data-only service;
2.1.4. is not a mobile service;
2.1.5. is a wireless service and, as such, is a Best Effort service with no guarantees on throughput;
2.1.6. may be impacted by certain factors which might affect the speed of the LTE service, including but not limited to signal strength/distance to the tower, the number of users on the tower, type of service being accessed on the internet and local PC environment; and
2.1.7. can only be supplied should the Customer’s address be In Coverage.
3. Equipment
Delivery and Installation
3.1. During the order process, the Customer must specify a delivery address for delivery of the Equipment by Air Broadband’s nominated courier.
3.2. Should the first delivery attempt fail due to the absence or negligence of the Customer, the courier will reattempt the delivery, and the Customer account will be billed the additional delivery fee. Outright Purchase of Equipment
3.3. If a Customer Purchase Router Equipment outright, the Router becomes the Customer’s property and cannot be returned to Air Broadband unless deemed to be an OBF (Out of Box Failure). Equipment Warranty All Equipment includes a 12-month manufacturer’s warranty.
4. Service Terms
In respect ofthe LTE:
4.1. The LTE Service is available as month-to-month subscriptions.
4.2. Subscriptions are pro-rated, meaning the In Bundle Data and the first month’s billing are pro-rated based on the date of activation of the Service.
4.3. All services other than data (GSM Voice, SMS, USSD, WASP, Roaming) are strictly prohibited.
4.4. Identity verification, as required by RICA, is compulsory. This will require the Customer to supply:
4.4.1. proof of current address (not older than three (3) months); and
4.4.2. a certified copy of any of the Customer’s
(i) South African identity document or temporary identity document;
(ii) South Africa passport or
(iii) foreign passport. Please note that a driver’s license will not be accepted for RICA purposes.
4.5. Should a Customer decide to cancel their Subscription, the monthly In Bundle Data, Roll Over Data and their Top Up Data bundle(s), if applicable, will terminate when the Subscription terminates, as stipulated in clause 9.
4.6. Thedata allocationsubscribedfor atthe beginning ofthe final month of Service will be available until 23:59 on the last day of that month.
4.7. Upgrades and downgrades of subscription packages will be activated on the first day of the month following the month in which the Upgrade/Downgrade request was made.
4.8. Fixed LTE SIM Cards provided by Air Broadband will not roam onto any roaming partner network.
4.9. The Service will only function when the SIM Card is used in an Air Broadband- approved category 6 (Cat 6) Router.
4.10. Should the SIM Card be inserted into any device or Router thatis not approved, the SIM Card will be soft-locked and disconnected from the Air Broadband network.
4.11. The Fixed LTE- SIM Card will be locked to the cellular towers surrounding the location used when subscribing for the Service.
4.12. Should a Customer move the SIM Card to a different geographic location, the SIM Card will be soft-locked and disconnected from the Air Broadband network. In such event, the Customer will need to contact the Air Broadband Technical Service Centre to request that the SIM Card be unlocked.
4.13. Should an instruction be sent to Air Broadband to unlock the SIM Card, connectivity will be enabled to the Air Broadband LTE network within 24 (twenty-four) hours and the Router will need to be restarted.
4.14. Each MNO may, at its discretion, implement traffic management rules which prioritize real-time traffic, such as, for example, video streaming or browsing, over non-real-timetraffic liketorrentsorlarge file downloads, during busy periods.
5. Data Validity Rules
5.1. Any-TimeData allocation can be used at any time of any day.
5.2. Unused Any-Time Data from one month is rolled over until the end of the following month.
5.3. Data speeds may be reduced during busy or peak network times.
6. FairUsage Policy: LTE Service (Uncapped)
6.1. The Fair Usage Policy applies on the Uncapped LTE Service, whereby on the first day of each calendar month, specified amount of data will be made available to the Customer in respect of their Uncapped Subscription.
6.2. Once the Specified amount bundle for a particular month has been depleted, Air Broadband shall be entitled to without notice to the Customer:
6.2.1. reduce the line speed to a maximum 2Mbps for the remainder of that month; and
6.2.2. reduce Peer to Peer and NNTP protocols to a maximum line speed of 128Kbps.
7. Cancellation Terms
7.1. Customer must give 1 (one) clear calendar month notice of their intention to cancel the Service, where 1 (one) clear calendar month meansthat:
7.1.1. any cancellation notice received before the first day of a month will take effect on the last day of that month.
7.1.2. If a cancellation is received on the first day of a month, the cancellation will only be effective on the last day of the following month.
7.2. Cancellations must be sent to Air Broadband in writing to cancellations@airbroadband.net
7.3. If noticed of cancellation is given in terms of clause 7.1 which will terminate the Service prior to the expiry of a fixed term agreement, then Air Broadband shall be entitled to levy a reasonable termination fee, which shall include any penalty fees which the Upstream Service Provider may levy to Air Broadband. The provisions set out in the General Terms relating to the termination of a fixed term contract without cause, will apply.
7.4. If a Customer terminates the Service prior to it being activated by Air Broadband or prevents Air Broadband from activating the Service after it has been ordered, then the Customershall be liable to Air Broadband for any installation and other charges that Air Broadband is liable to pay to the MNO.
8. Accuracy ofthe Customer’sInformation
8.1. The Customer must provide Air Broadband with accurate and up to date informationwhen:
8.1.1. completing any Air Broadband documentation;
8.1.2. contacting Air Broadband to report a suspected faultandbeing asked a standard set of structured questions related thereto.
8.2. Air Broadband shall not be liable for any loss suffered as a result of a delay in installation or any service repair, or inaccessibility ofthe Service,that arises directly or indirectly from the Customer’s failure to provide the necessary accurate information.
9. Maintenance
Scheduled maintenance on the Air Broadband Network will be performed during a standard maintenance window falling within change control windows determined in consultation with the relevant MNO. The MNIO will conduct maintenance on the Mobile Network in the MNO’s maintenance windows. Air Broadband and the MNO reserve the right to perform emergency maintenance without prior notice, but Air Broadband shall nonetheless endeavour to provide such notice as is reasonably and practically possibly in the circumstance
10. Security
The Customer acknowledges that the logical and physical security measures in relation to the Services are the Customer’s sole responsibility. Air Broadband will not be held liable for any losses or damages arising out ofsecurity breaches of the Customer’s Services.
11. Disclaimer
Air Broadband will in no event be liable for lost or interrupted data, messages, packets, or other information transmitted to or from third party networks, if such loss or interruption takes place outside of the Air Broadband Network.
12. Resale of Service
Except where the Customer has obtained allthe regulatory approvals and have entered into a reseller agreement with Air Broadband, the resale of the LTE Service and Failover Service is not permitted.
This is a summary of the prescribed manual has been prepared in terms of the section 51 of the Promotion of Access to Information Act 2 of 2000 and to address the requirements of the Protection of Personal Information Act 4 of 2013.
All documentation is available for download below.
Table of Contents
- DEFINITIONS
- INTRODUCTION
- CONTACT DETAILS
- GUIDE OF INFORMATION REGULATOR
- LATEST NOTICES IN TERMS OF SECTION 52(2) OF PAIA
- AVAILABILITY OF CERTAIN RECORDS IN TERMS OF PAIA
- RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION
- REQUEST PROCESS
- GROUNDS FOR REFUSAL
- REMEDIES SHOULD A REQUEST BE REFUSED
- FEES
- POPI
1. DEFINITIONS
| Client | Any natural or juristic person that received or receives services from the Company. |
| Conditions for Lawful Processing | The conditions for the lawful processing of Personal Information as fully set out in chapter 3 of POPI and in paragraph 12 of this Manual. |
| Data Subject | The person to whom Personal Information relates. |
| Information Officer | The individual who is identified in paragraph 3 of this manual. |
| Manual | This manual. |
| PAIA | The Promotion of Access to Information Act 2 of 2000. |
| Personal Information | Means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to – a. Information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, Colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person; b. Information relating to the education or the medical, financial, criminal or employment history of the person; c. Any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person; d. The biometric information of the person; e. The personal opinions, views or preferences of the person; f. Correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; g. The views or opinions of another individual about the person; and h. The name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.
|
| Personnel | Any person who works for or provides services to or on behalf of the Company, and receives or is entitled to receive remuneration and any other person who assists in carrying out or conducting the business of the Company, which includes, without limitation, directors (executive and non-executive), all permanent, temporary and part-time staff as well as contract workers.
|
| POPI | The Protection of Personal Information Act 4 of 2013. |
| POPI Regulations | The regulations promulgated in terms of section 112(2) of POPI. |
| Private Body | Means – a. A natural person who carries or has carried on any trade, business or b. A partnership which carries or has carried on any trade, business or profession; or c. Any former or existing juristic person, but excludes a public body.
|
| Processing | Means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including – a. The collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use; b. Dissemination by means of transmission, distribution or making available in any other form; or c. Merging, linking, as well as restriction, degradation, erasure or destruction of information.
|
| SAHRC | The South African Human Rights Commission. |
Any other terms not described herein will have the meaning as ascribed to it in terms of PAIA or POPI.
2. INTRODUCTION
- For the purpose of POPI and PAIA, the Company is defined as a private body. In accordance with the Company’s obligations in terms of POPI and PAIA, the Company has produced this manual.
- This manual sets out all information required by both PAIA and POPI.
- This manual also deals with how requests are to be made in terms of PAIA.
- This manual also establishes how compliance with POPI is to be achieved.
3. CONTACT DETAILS
| Business Name | Air Broadband (Pty) Ltd |
| Registration Number | 2014/061043/07 |
| Registered Office | Office 3, Dan Pienaar Mall, Preller Plein, Bloemfontein, 9301 |
| Postal Address | Same as above |
| Contact Number | 051 555 0000 |
| Information Officer | Christel Rundle |
| Deputy Information Officer/s | Kara Ras |
| Email address/es | stella@airbroadband.net / kara@airbroadband.net |
Background information of how the Company processes information can be found at : https://www.airbroadband.co.za/
4. GUIDE OF INFORMATION REGULATOR
- A guide to PAIA and how to access information in terms of PAIA has been published pursuant to section 10 of PAIA.
- The guide contains information required by an individual who may wish to exercise their rights in terms of PAIA.
- Should you wish to access the guide you may request a copy from the Information Officer by submitting ANNEXURE A, attached hereto, to the details specified above.
- You may also inspect the guide at the Company’s offices during ordinary working hours.
- You may also request a copy of the guide from Information Regulator at the following details:
Information Regulator:
Postal Address: P O Box 31533, Braamfontein, Johannesburg, 2017
Telephone: +27 (10) 023-5200
Website: www.justice.gov.za
Email: PAIAComplaince.IR@justice.gov.za
5. LATEST NOTICES IN TERMS OF SECTION 52(2) OF PAIA
- At this stage no Notice(s) has/have been published on the categories of records that are available without having to request access to them in terms of PAIA.
6. AVAILABILITY OF CERTAIN RECORDS IN TERMS OF PAIA
- The Company holds and/or process the following records for the purposes of PAIA and POPI.
- The following records may be requested; however, it should be noted that there is no guarantee that the request will be honoured. Each request will be evaluated in terms of PAIA and any other applicable legislation.
Products and/or Services:
- All products and/or services are available freely on the Company’s website as set out above.
Human Resources:
- Employment Contracts
- Employee Benefits
- Personnel Records and Correspondence
- Training Records
- Internal Policies
- Information pertaining to share options, share incentives, bonus or profit-sharing agreements of each employee
Legal:
- Agreements with Clients
- Agreement with Suppliers
- Shareholder Agreements
- Partnership Agreements
- Licenses and Permits
- Power of Attorneys
- Sale Agreements
- Lease Agreements
Company Secretarial:
- Memorandum of Incorporation
- Secretarial Records
- Tradename Registrations
- Trademark Registrations
- Company Registration Documents
- Statutory Registers
- Minutes of Shareholder’s meetings
- Minutes of Director’s meetings
- Register of Directors
- Share Certificates
Financial:
- Accounting Records
- Annual Reports
- Interim Reports
- Auditor Details and Reports
- Tax Returns
- Insurance Records
Client:
- Client Database
- Credit Applications
- Correspondence with Clients
- Documentation prepared for Clients.
- Invoices, receipts, credit and debit notes
Marketing:
- Published Marketing Material
Miscellaneous:
- Internal Correspondence
- Information Technology Records
- Trade secrets
- Domain Name Registrations
- Website Information
- Asset Registers
- Title Deeds
7. RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION
- Basic Conditions of Employment Act, No. 75 of 1997
- Companies Act, No. 71 of 2008
- Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993
- Competition Act, No. 89 of 1998
- Consumer Protection Act, No. 68 of 2008
- Constitution of the Republic of South Africa Act, No. 108 of 1996
- Co-operatives Act No. 14 of 2005
- Credit Agreement Act, No. 75 of 1980
- Customs and Excise Act No. 91 of 1964
- Debt Collectors Act, No. 114 of 1998
- Deed Registries Act, No. 47 of 1937
- Electronic Communication and Transactions Act, No. 25 of 2002
- Employment Equity Act, No. 55 of 1998
- Financial Advisory and Intermediary Service Act, No. 37 of 2002
- Financial Intelligence Centre Act, No. 38 of 2001
- Financial Markets Act No. 19 of 2012
- Identification Act, No. 68 of 1997
- Income Tax Act, No. 58 of 1962
- Insider Trading Act No. 135 of 1998
- Insolvency Act, No. 24 of 1936
- Inspection of Financial Institutions Act, No. 18 of 1998
- Intellectual Property Laws Amendment Act No.38 of 1997
- Machinery and Occupational Safety Amendment Act No. 181 of 1993
- National Credit Act, No. 34 of 2005
- National Payment Systems Act No. 78 of 1998
- National Water Act No. 36 of 1998
- Occupational Health and Safety Act No. 85 of 1993
- Patents, Designs and Copyright Merchandise Marks Act, No. 17 of 1941
- Pension Funds Act, No. 24 of 1956
- Prescription Act No. 68 of 1969
- Prevention of Organised Crime Act No. 121 of 1998
- Promotion of Access to Information Act, No. 2 of 2000
- Protection of Personal Information Act, No. 4 of 2013
- Road Transportation Act No. 74 of 1977
- Short Term Insurance Act, No. 53 of 1998
- Skills Development Levies Act, No. 9 of 1999
- Stock Exchanges Control Act No. 54 of 1995
- The Criminal Procedure Act, No. 51 of 1977
- The Labour Relations Act, No. 66 of 1995
- The Long-Term Insurance Act, No. 52 of 1998
- Trademark Act No. 194 of 1993
- Transfer Duty Act No. 40 of 1949
- Unemployment Insurance Act, No. 63 of 2001
- Unit Trust Control Act, No. 54 of 1981
- Value Added Tax Act, No. 89 of 1991
*Although we have used our best endeavours to supply a list of applicable legislation, it is possible that this list may be incomplete. Whenever it comes to our attention that existing or new legislation allows a Requester access on a basis other than as set out in PAIA, we shall update the list accordingly. If a Requester believes that a right of access to a record exists in terms of other legislation listed above or any other legislation, the Requester is required to indicate what legislative right the request is based on, to allow the Information Officer the opportunity of considering the request in light thereof.
8. REQUEST PROCESS
- An individual who wishes to place a request must comply with all the procedures laid down in PAIA.
- The requester must complete ANNEXURE B, which is attached hereto and submit it to the Information Officer at the details specified above.
- The prescribed form must be submitted as well as payment of a request fee and a deposit, if applicable to the information officer at the postal or physical address, fax number or electronic mail as is stated herein.
- The prescribed form must be completed with enough particularity to enable the information officer to determine:
- The record(s) requested;
- The identity of the requestor;
- What form of access is required; and
- The Postal address or fax number of the requestor.
- The requestor must state that the records are required for the requestor to exercise or protect a right, and clearly state what the nature of the right is so to be exercised or protected. An explanation of why the records requested is required to exercise or protect the right.
- The request for access will be dealt with within 30 days from date of receipt, unless the requestor has set out special grounds that satisfies the Information Officer that the request be dealt with sooner.
- The period of 30 days may be extended by not more than 30 additional days, if the request is for a large quantity of information, or the request requires a search for information held at another office of the Company and the information cannot be reasonably obtained within 30 days. The information officer will notify the requestor in writing should an extension be necessary.
- The Information Officer must communicate a response to the request for access using “Annexure E”, this communication shall inform the requestor of:
- The decision;
- Fees payable in terms of paragraph 11.
- In the event that the Information Officer is of the opinion that the searching and preparation of the record for disclosure would amount to more than 6 hours, he/she shall inform the requestor to pay a deposit not exceeding one third of the amount payable.
- Should the requestor have any difficulty with the form or the process laid out herein, the requestor should contact the Information Officer for assistance.
- An oral request can be made to the Information Officer should the requestor be unable to complete the form due to illiteracy or a disability. The Information Officer will complete the form on behalf of the requestor and provide a copy of the form to the requestor.
9. GROUNDS FOR REFUSAL
- The following are grounds upon which the Company may, subject to the exceptions in Chapter 4 of PAIA, refuse a request for access in accordance with Chapter 4 of PAIA:
- Mandatory protection of the privacy of a third party who is a natural person, including a deceased person, where such disclosure of Personal Information would be unreasonable.
- Mandatory protection of the commercial information of a third party, if the Records contain:
- Trade secrets of that third party;
- Financial, commercial, scientific or technical information of the third party, the disclosure of which could likely cause harm to the financial or commercial interests of that third party; and/or
- Information disclosed in confidence by a third party to The Company, the disclosure of which could put that third party at a disadvantage in contractual or other negotiations or prejudice the third party in commercial competition;
- Mandatory protection of confidential information of third parties if it is protected in terms of any agreement;
- Mandatory protection of the safety of individuals and the protection of property;
- Mandatory protection of Records that would be regarded as privileged in legal proceedings;
- Protection of the commercial information of the Company, which may include:
- Trade secrets;
- Financial/commercial, scientific or technical information, the disclosure of which could likely cause harm to the financial or commercial interests of the Company;
- Information which, if disclosed, could put the Company at a disadvantage in contractual or other negotiations or prejudice the Company in commercial competition; and/or
- Computer programs which are owned by the Company, and which are protected by copyright and intellectual property laws;
- Research information of the Company or a third party, if such disclosure would place the research or the researcher at a serious disadvantage; and
- Requests for Records that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources.
10.REMEDIES SHOULD A REQUEST BE REFUSED
- The Company does not have an internal appeal procedure in light of a denial of a request, decisions made by the information officer is final.
- The requestor may in accordance with sections 56(3) (c) and 78 of PAIA, apply to a court for relief within 180 days of notification of the decision for appropriate relief.
11.FEES
- The following fees shall be payable upon request by a requestor:
Request fee (Payable on every request)
| R140.00 |
Photocopy of an A4 page or part thereof
| R2.00 |
Printed copy of an A4 page or part thereof
| R2.00 |
Hard copy on flash drive (Flash drive to be provided by requestor)
| R40.00 |
Hard copy on a compact disc (Compact disc to be provided by requestor)
| R40.00 |
Hard copy on a compact disc (Compact disc to be provided by the Company)
| R60.00 |
Transcription of visual images per A4 page
| As per quotation of service provider |
Copy of visual images
| As per quotation of service provider |
Transcription of an audio record per A4 page
| R24.00 |
Copy of an audio record on flash drive (Flash drive to be provided by requestor)
| R40.00 |
Copy of an audio on a compact disc (Compact disc to be provided by requestor)
| R40.00 |
Copy of an audio on a compact disc (Compact disc to be provided by the Company)
| R60.00 |
To search for and prepare the record for disclosure for each hour or part of an hour, excluding the first hour, reasonably required for such search and preparation
| R145.00 |
To search for and prepare the record for disclosure for each hour or part of an hour, excluding the first hour, reasonably required for such search and preparation (Cannot exceed total cost)
| R435.00 |
Postage, email or any other electronic transfer
| Actual expense, if any |
12.POPI
- Conditions fort lawful processing:
- POPI has eight conditions for lawful processing and includes:
- Accountability
- Processing limitation
- Purpose specification
- Further processing limitation
- Information quality
- Openness
- Security safeguards
- Data subject participation
- The Company is involved in the following types of processing:
- Collection
- Recording
- Organization
- Structuring
- Storage
- Adaptation or alteration
- Retrieval
- Consultation
- Use
- Disclosure by transmission
- Dissemination or otherwise making available
- Alignment or combination
- Restriction
- Erasure
- Destruction
- The Company processes information for the following purposes:
- To fulfil agreements in relation to its employees;
- to provide services to its Clients in accordance with terms agreed to by the Clients;
- POPI has eight conditions for lawful processing and includes:
- to undertake activities related to the provision of services, such as
- to fulfil domestic legal, regulatory and compliance requirements;
- to verify the identity of Customer representatives who contact the Company or may be contacted by The Company;
- for risk assessment, information security management, statistical, trend analysis and planning purposes;
- to monitor and record calls and electronic communications with the Client for quality, training, investigation and fraud prevention purposes;
- to enforce or defend the Company or the Company affiliates’ rights;
- to manage the Company’s relationship with its clients, which may include providing information to its clients and its clients affiliates about the Company’s and the Company affiliates’ products and services;
- the purposes related to any authorised disclosure made in terms of
agreement, law or regulation;
- any additional purposes expressly authorised by the Company’s
client;
- any additional purposes as may be notified to the Client or Data
Subjects in any notice provided by the Company.
- The Company processes personal information the following categories of Data Subjects:
- Juristic persons –
- Corporate Clients
- Suppliers
- Natural persons –
- Individuals
- Staff
- Clients
- Suppliers
- The Company process the following categories personal information:
- Client profile information;
- Bank account details;
- Payment information;
- Client representatives;
- Names;
- Email addresses;
- Telephone numbers;
- Facsimile numbers;
- Physical addresses;
- Tax numbers;
- Identity numbers;
- Passport numbers;
- Recipients of Personal Information;
- The Company, the Company’s affiliates, their respective representatives.
- When making authorised disclosures or transfers of personal information in terms of Section 72 of POPI, personal information may be disclosed to recipients in countries that do not have the same level of protection for personal information as South Africa does.
- The following Security measures are implemented by the Company:
- The Company implements numerous Security measures to protect personal information that is stored electronically and physically.
- The Company ensures that appropriate security measures are taken and updates these measures on a regular basis.
- The Company have also implemented various policies for additional security for personal information stored both physically and electronically.
- Juristic persons –
- The personal information that is stored physically is protected as follows:
- Where physical records of the data exist, such records will be stored in a secure area that can be ‘locked-away’ as to avoid a breach of the personal information.
- Such physical data records will be ‘locked-away’ and secured when not in use.
- The Company may share personal information with third parties and in certain instances this may result in cross border flow of the personal information. The personal information will always be subject to protection, not less than the protection it is afforded under the Protection of Personal Information Act No.4 of 2013.
- Objection to the processing of personal information by a data subject:
- Section 11(3) of POPI and regulation 2 of the POPI regulations provides that a
data subject may, at any time object to the processing of their personal information in the prescribed form attached to this manual as ANNEXURE “B”.
- Request for correction or deletion of personal information:
- Section 24 of POPI and regulation 3 of the POPI regulations provides that a
data subject may request for their personal information to be corrected and/or deleted in the prescribed form attached hereto as ANNEXURE “C”.
- Regulation 8 of the POPI regulations provides for requests the outcomes of
requests and of fees payable in the prescribed form attached hereto as
ANNEXURE “E”.
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Address
Office 3, Dan Pienaar Mall
Dan Pienaar
Bloemfontein
9301
Contact Us
Bloemfontein Office: (051) 555 0000
WhatsApp: 074 176 3476
Business Hours
Operating hours:
Mon-Fri: 7am – 4pm
After hours support:
Mon-Fri: 4pm – 10pm
Sat-Sun: 8am – 10pm