Vodacom Broadband ADSL Service
By using or subscribing to the Vodacom Broadband ADSL Service ("the Service") the Subscriber agrees that the Subscriber has read, understands and is bound by the following terms and conditions and the terms and conditions available on the Vodacom Website referring generally to all services offered by VSP (collectively "the Agreement").
The Subscriber's use of the Service indicates the Subscriber's acceptance without modification by the Subscriber of the Agreement.
INTERPRETATION
In these Service Terms:
"Activation Date" shall mean the date of the activation of the Service on the Network;
"ADSL line" means an Asymmetric Digital Subscriber Line;
"Application form" shall mean the application completed by the Subscriber when subscribing to the Service;
"Agreement" means the Application Form together with the Terms and conditions applicable to the Service as amended from time to time;
"Equipment" means all equipment installed at the Subscriber's premises to enable the Subscriber to gain access to the Service including but not limited to the router or ADSL Modem that connects the Subscriber's computer to the ADSL Line at the Subscriber's premises which is either owned by the Subscriber ("Subscriber Equipment") or supplied and owned by VSP ("VSP Equipment") including any Software embedded therein or used in conjunction with the Service;
"Fixed Term" means the fixed period of either 12 (twelve) or 24 (twenty four) months as indicated on the Application Form;
"Fixed Telephone Line/ Service" means a residential (POTS) copper telephone fixed telephone line and/or service for making and receiving telephone calls ( e.g. analog Telkom line);
"Fixed Line Operator" means the Fixed Telephone Service provider e.g. Telkom;
"GB" means Gigabytes;
"Kbps" means kilobits per second;
"MB" means megabyte;
"Modem or Router" means the device which is used to connect the Subscriber computer to the Fixed Line Telephone Service, in order to enable the Service;
"Network" shall mean the public mobile telecommunications system operated and made available by Vodacom;
"Regulatory Authority" shall mean the Independent Communication Authority South Africa (ICASA) and its successors in title;
"Software" means any computer programme, software or other materials installed or provided by or on behalf of VSP and/or Vodacom for the purpose of using any Equipment or the Service, including any computer programme, software or other materials embedded in or used in conjunction with Equipment and/or any electronic communications system or equipment operated or maintained by VSP and/or Vodacom;
"Service" means the provisioning of an ADSL service by means of the Asynchronous Digital Subscriber Line technology that enables the Subscriber to send and receive data and email and to access the Internet using a high-speed connection as well as such other additional services or equipment as VSP may, at its sole option, make available to the Subscriber from time to time, pursuant to these terms and conditions;
"Service Charge" means the amount payable by the Subscriber for the Service as varied from time to time and specified in the Tariff, it being recorded that the Service Charge applicable as at the time of signature of the Agreement is recorded in the Application Form;
"Subscriber" shall mean the person or entity entering into this Agreement with VSP and who is more fully described in the Application Form.
"Shaped Internet access" means that traffic is prioritised and channelled in a specific order, i.e. priority is given to email, web browsing, Internet banking and "normal" downloads via a web browser or File Transfer Protocol (FTP) program. This implies that any other online activity not mentioned here will receive low priority when the network is busy. This option is most suited for users who do not want to carry out specialised online activities.
"Tariff" shall mean the tariff of charges and fees payable to VSP in respect of the Services, as published by Vodacom from time to time;
"Telkom" means Telkom SA Ltd;
"Unshaped Internet access" means that the traffic is not prioritised and channelled in a specific order. The first service requested by the Subscriber is delivered first;
"Vodacom" shall mean Vodacom (Pty) Ltd;
"VSP" shall mean Vodacom Service Provider Company (Pty) Ltd with whom the Subscriber has entered into this Agreement for the provision of the Services;
"Vodacom Website" means www.vodacom.co.za
Any words denoting any one gender shall include the others, the singular shall include the plural and natural persons shall include other legal entities.
All other words, expressions and phrases not specifically defined herein shall have bear the meanings assigned to them under any General Terms and Conditions available in the Vodacom Website or where not defined therein, their generally understood meaning in the ICT industry.
PROVISION OF THE SERVICE
The Subscriber can select from various Shaped ADSL products. For more information on the various products refer to the Vodacom Website. A Subscriber may purchase Internet access only. The ADSL line rental and the charges relating to the rental of the fixed telephone line will be charged separately by the ADSL provider and the fixed line operator.
The Subscriber shall be required to have a Fixed Telephone Line and an ADSL line.
The Subscriber's area of residence must be located within an identified ADSL service area with the capability of connecting to various line speed rates i.e. 384 kbps, 512 kbps or 4 Mbps.
VSP shall provide the Subscriber with a specific data package (1GB, 3GB, 5GB or 10GB) as selected by the Subscriber in the Application Form. Customer's throughput will be throttled to 16kbps upon depletion of their ADSL data bundles. The Subscriber shall be entitled to purchase Top Up (Ad-hoc) ADSL Bundles throughout the month and any unused Top Up (Ad-hoc) ADSL Bundles shall be carried over to the last calendar day of the following month. Any Top Up bundles purchased in the current month shall only expire on the last calendar day of the following month.
VSP reserves the right to manage traffic on the Network in such a way as to ensure optimal performance of the Network including but not limited to limiting the number of emails that the Subscriber may send in any given period or to limit the total message volume (amount of data) sent per hour. VSP will manage bandwidth usage to the best of its ability during peak periods; however, it remains a best effort service. In addition VSP reserves the right to manage the Network in order to optimize its efficiency for the benefit of all subscribers. VSP may take any other action it deems appropriate in order to help ensure the integrity of the network experience for all subscribers.
Upon successful completion of the application process, successful credit vetting and VSP's approval, the Service will be activated ("Activation Date"). VSP will use reasonable endeavours to activate the service on or before the preferred activation date specified in the Application Form.
The Subscriber will only use the Service for purposes that are lawful and for which it was designed and will not use the Service, directly or indirectly, in a way that
is harmful, obscene, discriminatory, defamatory or illegal;
constitutes hate speech, incitement to commit criminal acts, or invasion of privacy; infringes copyright or other intellectual property rights;
spreads viruses or other computer or communications software, code, programs or files that impede or destroy the functionality of any computer or communications software or equipment;
interferes with any third party's use of the Service;
transmits unsolicited bulk messages ("spam");
unlawfully obtain information about or from third parties;
otherwise breaches the terms or this Agreement; or
in VSP's sole discretion constitutes abuse of the Service or of VSP's systems.
Unless authorised by VSP in writing the Subscriber may not resell the Services, receive any charge or benefit for the use of the Services or provide any feature of the Services to any third party or in any other way exploit the Service for any commercial purposes. The Subscriber shall not use or permit the Service to be used, directly or indirectly, to carry or transmit (or facilitate the carriage or transmission) of any message, data or information which does not belong to or originate from the Subscriber or for the purpose of re-selling the Service without the prior written consent of VSP;
The Subscriber may not restrict, inhibit or interfere with the ability of any person to access, use or enjoy the Internet or the Services, or create an unusually large burden on the Network or otherwise generating levels of traffic sufficient to impede others' ability to send or retrieve information, or use the Services in an abusive manner.
VSP reserves the right to establish policies, rules and limitations, from time to time, concerning the use of the Service. The Subscriber must comply with any bandwidth, data storage and other limitations VSP may impose, in its sole discretion. Failure to comply with these rules will result in the Service being restricted, suspended or terminated, in our sole discretion.
DURATION
This Agreement will commence on the Activation Date and, subject to the terms of this agreement, shall continue for the Fixed Term ("the Initial Period") and thereafter will automatically renew and will continue on a month to month basis until terminated by either party on not less than 1 (one) calendar month's written notice.
This Agreement may be terminated by either party on not less than 1 (one) calendar month's notice except that no notice may be given so as to require termination -
prior to the expiry of the Initial Period; and/or
where an upgrade has been effected by the Subscriber, prior to the expiry of the Renewal Period.
In the case of a month to month arrangement, the Agreement will terminate upon receipt in writing from the Subscriber of 1 (one) calendar month's written notice, which notice will take effect on the first day of the month immediately following the end of the notice period.
SERVICE CHARGES
The first month's Service Charge may be due and payable by the Subscriber to VSP in full on the Activation Date and the balance of the Service Charge shall be due and payable to VSP by the Subscriber as specified on VSP's invoice therefor but in any event by no later than the last working day of each and every subsequent month until expiry of the Initial Period and/or Renewal Period, as the case may be. Billing will commence on the Activation Date.
If the Subscriber subscribed to the Service in the middle of any calendar month, the first bill will include a pro-rata portion for the remaining period of the month in which the Subscriber signed up plus the Service Fee for the following month.
ACCESS TO SUBSCRIBER'S PREMISES
The Subscriber shall, whenever required by VSP, procure that VSP's personnel or contracted installer, be permitted access to the Subscriber's premises and to remain at such premises -
to carry out any inspection, repair, testing or maintenance of any Equipment and other equipment relevant to the provision of the Service; and/or
to verify that the manner in which the Service is being utilised by the Subscriber is in compliance with the Agreement and applicable South African laws, rules and/or regulations; and/or
to install, collect or remove any Equipment; and/or
for any other reasonable purpose whatsoever.
THE EQUIPMENT
The Subscriber shall -
obtain the prior written approval of VSP before connecting or permitting any third party to connect any equipment to any electronic communication system operated by Vodacom or any VSP Equipment;
use and maintain VSP Equipment in good working order (fair wear and tear excepted) in accordance with the specifications, guidelines and recommendations of VSP and the supplier or manufacturer of the VSP Equipment and shall disconnect and/or cease to use such VSP Equipment at the request of VSP;
promptly comply with all notices, instructions or directions given by VSP in respect of the installation, use or operation of the Service, Software and/or VSP Equipment;
provide at its own expense, as and when required by VSP, all facilities and resources necessary for the proper installation, operation and maintenance of the Service and all Equipment, including without limitation, power points, electricity, conduits and appropriate access;
ensure that all Subscriber equipment and all software installed by or for the Subscriber and used in conjunction with the Service is compatible with and will function with all other VSP equipment and Software;
The Subscriber shall not -
use or permit the use of the Service or install, connect or link or use (or permit the installation, connection, linking or use) of any electronic communications equipment in contravention of any South African laws, rules and/or regulations
carry out or permit to be carried out any additions, improvements, adjustments, modifications, alterations or replacements to any VSP Equipment or Software without the prior written consent of VSP;
use or permit the use of the Equipment in any manner or for any purpose whatsoever which generates or is likely to generate electronic communications traffic which causes or is likely to cause congestion in or disruption of the Service offered by VSP.
SUSPENSION & DISCONNECTION OF THE SERVICES:
VSP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services with or without notice. Without limiting the generality of the aforegoing VSP may from time to time and without notice to the Subscriber, suspend and/or disconnect the Service, in any one of the following circumstances:
during any technical failure, modification or maintenance of the Network; or
if the Subscriber fails to comply with any of the terms and conditions of this Agreement. The Subscriber shall repay to VSP on demand all costs which VSP incurs as a result of the Subscriber's failure to comply with the terms and conditions of this Agreement or any cancellation hereof; or
if so directed by the Regulatory Authority.
The Subscriber agrees that Vodacom shall not be liable to the Subscriber or to any third party for any modification, suspension or discontinuation of the Service.
In the event that the Subscriber breaches any term of this Agreement, then without prejudice to VSP's other rights in terms of this Agreement or at law, VSP may forthwith and without notice to the Subscriber, terminate this Agreement or call for specific performance of the Subscriber's obligations and immediate payment of all sums owing by the Subscriber. The Subscriber shall pay to VSP all charges for access to the Network in respect of the unexpired portion of the Fixed Term. The payment of such charges shall be accelerated and same shall become immediately due and payable upon termination of this Agreement.
If the Service is used in a way that VSP in its sole discretion deems unacceptable and /or violates any of VSP's rules or limitations, VSP may take any responsive actions it deems appropriate. Such actions may include without limitation, temporary or permanent filtering of Internet transmissions, and/or the immediate limitation, restriction, suspension or termination of all or any portion of the Services.
DISCLAIMER OF WARRANTIES
VSP does not make any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of the Service. VSP cannot guarantee that the Service and the allocated capacity will always be available.
The Subscriber acknowledges and agrees that the use of the Service is at the sole risk of the Subscriber. Neither VSP and/or Vodacom nor their agents, employees, suppliers, licensors and/or third party content providers ("VSP associates") warrant that the Service will be uninterrupted, error-free, secure, reliable or accurate, is fit for any purpose, is secure and reliable, or will conform to the Subscribe's delivery timeline requirements.
Save as specifically set out herein, neither VSP and/or Vodacom nor the VSP associates make any warranty as to the results to be obtained from the use of the Service and the Service is made available to the Subscriber on an "as-is" and "as-available" basis without warranties of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, accuracy or completeness of informational content, non-infringement or otherwise.
VSP does not represent, warrant or guarantee or assume any responsibility for the quality of the Service or of the signals or the data transmitted as part of the Service and shall not be liable for any loss, cost, claim, damage or expense which may be caused by weak signals and/or data lost.
VSP may use or rely on third party service providers to provide the Service or certain portions thereof. VSP accordingly provides the Service subject to the limitations and terms imposed on VSP by such third party service providers.
LIMITATION OF LIABILITY
VSP shall not be liable to the Subscriber or any third party for and the Subscriber indemnifies and holds Vodacom and VSP harmless against any expense, loss, claim, harm or damages brought against, suffered or sustained by either Vodacom or VSP, which arises directly or indirectly out from the Subscriber's subscription to or use of the Service and/or the VSP Equipment, a breach of the terms of this agreement either by VSP including (without limitation) any damages suffered by the Subscriber due to:-
any interruption of or error in the Service; or
VSP's failure to fulfil its obligations as a result of a third party service provider's neglect, failure or refusal to make, or to continue to make, the services available to VSP including but not limited to act of default of any supplier, agent or sub-contractor.
VSP's failure to perform any obligations as a result of technical problems relating to the Network, termination of any license to operate or use the Network, any restrictions or prohibitions or other act or omission of the Regulatory Authority.
VSP's failure to fulfil its obligations as a result of uncontrollable events. For purposes of this clause "uncontrollable events" means any circumstances beyond our reasonable control, including without limitation, an act of God, of public enemy, fire, explosion, earthquake, perils of the sea, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, blockade, embargo, sanctions, epidemics, act of any government or other authority, compliance with government orders, demands or regulations, or any act or omission on the part of a third party service providers.
GENERAL
VSP has the right to change or modify these terms and conditions at any time with the method of notice determined by VSP from time to time. The Subscriber agrees to be bound by such varied terms with effect from the date of notice or publication as the case may be.
The Subscriber consent to the jurisdiction of the Magistrate's Court in terms of Section 45 of the Magistrate's Court Act (Act 32 of 1944), as amended. Vodacom is entitled to institute action in any Court of law.
The physical address stipulated in the application form shall be the Subscriber's domicilium citandi et executandi or as advised in writing from time to time. The Subscriber undertakes to notify VSP in writing within 2 (two) days of any change of address.
In the interest of providing the Subscriber service excellence, and the protection of consumer rights, VSP conducts its business in accordance with a Code of Practice which incorporates a procedure for the Subscriber complaint resolution. Details of such Code of Practice and procedure may be accessed by the Vodacom Website or obtained from VSP's the Subscriber care department.
The Subscriber shall not be entitled to withhold any payment or set off or reduce any payment by reason of any claim which the Subscriber may have or aver to have against VSP.
The Subscriber shall not cede, assign, transfer, encumber or delegate any of his/her rights or obligations in terms of this Agreement to any third party without the prior written consent of VSP.
VSP reserves the right, in its sole discretion, to vary the terms and conditions of this Agreement. VSP may elect, in its sole discretion, to notify the Subscriber of such variation in writing or to publish such variation at its principal place of business, or on the Vodacom Website.
This Agreement constitutes the whole agreement between the parties and no representations or warranties other than those set out herein shall be binding on the parties, save for any amendment effected in terms of this Agreement.
In the event of any one or more of these terms and conditions being unenforceable, same will be deemed to be severable from the remainder of this Agreement which shall nevertheless be binding and enforceable.
