Terms & Conditions

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INTERPRISE Wireless Broadband Terms and Conditions (iBurst)
(Previously, the Acceptable Use Policy 01 May 2005 )

1. Interpretation

• 1.1 Unless the context clearly indicates the contrary, any term defined in the Subscriber Terms when used herein, shall bear the same meaning as defined in the Subscriber Terms.
• 1.2 To the extent that there is any contradiction between the Subscriber Terms and these Terms the following order of precedence shall apply: (i) these Terms; and (ii) the Subscriber Terms.
• 1.3 Unless the context clearly indicates to the contrary, the following words bear the meanings ascribed thereto-
• 1.3.1 "Application Form" means the application form completed and signed by you for the initiation of the Service, as same may be amended by INTERPRISE;
• 1.3.2 "Device" means depending on your choices as set out in the Application Form (under Step 1) the iBurst equipment which will be sold to you as envisaged in these Terms;
  1.3.3 "Electronic Communications Act" means the Electronic Communications Act no 36 of 2005, as amended;
• 1.3.4 "Network" means the: (i) portion of the radio frequency spectrum that has been assigned to the Network Operator for the purposes of wireless network coverage as envisaged in the Electronic Communications Act; and (ii) wireless platform, owned and managed by the Network Operator;
• 1.3.5 "Network Coverage" means the geographical area within which the Service can be accessed and used by you;
• 1.3.6 "Network Operator" means iBurst (Pty) Ltd;
• 1.3.7 "Service" means the INTERPRISE Wireless Broadband - iBurst service provided to you as selected by you on the Application Form;
• 1.3.8 "Subscriber Terms" means the subscriber terms and conditions of use
• 1.3.9 "Wireless Broadband Account" means the wireless broadband account that your Service and INTERPRISE value added services are enabled on as a connection to the Network via the Device;

2. DURATION

• 2.1 The Service shall commence with effect from the date of activation of the Service by INTERPRISE and endure for the initial period selected by you in the Application Form (hereinafter referred to as the "Initial Period").
• 2.2 Either party may terminate the Service at the end of the Initial Period by giving 1 (one) calendar month notice in writing. Any notice of termination given by you during the Initial Period shall only become effective upon the expiry of the Initial Period.
• 2.3 If neither party has given notice as contemplated in clause 2.2 above, the Service shall endure indefinitely thereafter on the same terms and conditions, provided that either party shall be entitled to terminate the Service by giving 1 (one) calendar month in writing.
• 2.4 In the event of a termination, your use of the Service shall terminate. However, in the event that you use the Service following a termination, these terms and conditions will apply and you shall be liable to pay the full usage costs to INTERPRISE. This shall in no way constitute a revival of the agreement between the parties and INTERPRISE shall be entitled to terminate the Service without notice to you.
• 2.5 To the extent that the Service is suspended by INTERPRISE due to your default, you acknowledge that you will forfeit your access to and/or use of the Service, but you shall still be liable to pay the service fees during such suspension.

3. SERVICE FEES  

• 3.1 You shall pay INTERPRISE the services fees specified in the Application Form monthly in arrears.
• 3.2 Any service fees payable for the Booster referred to below shall be billed in arrears.

4. UNDERTAKINGS AND ACKNOWLEDGEMENTS  

• 4.1 INTERPRISE undertakes to use its reasonable endeavours to procure that the Network Operator provides you with the Service on a 24 (twenty four) hour per day basis on each and every day for the continued duration of the agreement.
• 4.2 Although INTERPRISE uses reasonable care and diligence to ensure that the Service is available, accurate, complete, correct, error-free, secure, up-to-date and/or reliable, INTERPRISE does not warrant represent or in any way guarantee either expressly or by implication that the Service will be available, accurate, complete, correct, error-free, secure, up-to- date and/or reliable. INTERPRISE furthermore does not warrant, represent or in any way guarantee, either expressly or by implication the merchantability or fitness for a particular purpose. You therefore agree that the Service is rendered "as is" and "as available" and is used at the your own discretion and risk.
• 4.3 You acknowledge that: (a) the following circumstances and events may impact upon your use of the Service and/or the quality and coverage availability of the Service; and (b) that these circumstances and/or events are beyond INTERPRISE's control: (i) use of the Service by other customers; (ii) the Internet; (iii) the Network; (iv) the Network Coverage; (v) limitations upon national and/or international bandwidth capacity; (vi) telecommunication service operator failures, which includes telecommunication links and line failures; (vii) mobile telecommunication service operator failures; (viii) mobile network failures; (ix) wireless network failures; (x) operating systems; (xi) access technology failures; (xii) quality of service of telecommunication links or lines and/or; (xiii) quality wireless telecommunications links, quality of the Network and Network Coverage; (xiv) physical features such as buildings and underpass; (xv) atmospheric conditions including without limitation bad weather conditions and other causes of interference; and (xvi) any action, omission and/or failure by you and/or your systems, software, network and/or equipment which has an impact on the Service; and (xvii) any other action, omission and/or failure not within INTERPRIS's control which has an impact on the Service.
• 4.4 You further acknowledge that: (i) INTERPRISE does not warrant, represent nor in any way guarantee the quality and availability of the Network Coverage for the Service; (ii) the quality and availability of the Network Coverage for the Service shall be limited to that provided by the Network.

5. TERMS AND CONDITIONS SPECIFIC TO THE SERVICE  

• 5.1 INTERPRISE shall as part of the Service provide you with Internet connectivity limited to the Internet traffic specified in the Application Form together with any value added services provided by INTERPRISE in its discretion from time to time.
• 5.2 You acknowledge that:
• 5.2.1 a Device is required to access and use the Service;
• 5.2.2 the Service shall be provided subject to the Network Operator's use policies which are accessible at http://www.iburst.co.za
• 5.2.3 INTERPRISE will not carry over any unused product cap to the following month. Accordingly, you are advised to use the allocated Internet traffic in a month.
• 5.3 Without limiting the Subscriber Terms and/or iBurst acceptable use policies, you:
• 5.3.1 agree not to use the Service for any unlawful, abusive or any other purpose including, without limitation, using the Service in any manner that (i) interferes with INTERPRISE's and/or the Network Operator’s ability to provide the Service or any other service to its customers; (ii) interferes with the quality and/or availability of the Network and/or (iii) infringes upon any applicable legislation and/or regulation including without limitation the Electronic Communications Act;
• 5.3.2 agree not use the Service to infringe the intellectual property rights or other proprietary rights of INTERPRISE and/or any other person or to post or transmit anything which contains viruses or any other destructive features, regardless of whether or not damage is intended.
• 5.3.3 You may downgrade the Service subject to payment of a penalty determined by INTERPRISE from time too time.
• 5.3.4 If you have selected I-Go Lite you may only upgrade after you have been a subscriber for the Service for at least 3 (three) months.
• 5.4.3.3 ensure that the usage of such Device is in accordance with the supplier instructions and will not contravene and/or void the supplier's warranty or guarantee. In the event that your usage contravenes and/or voids the supplier's warranty which then results in the unavailability of the Service and/or any component thereof, INTERPRISE shall (without limiting the generality of the Subscriber Terms) not be held responsible for any direct and/or indirect loss, damage or any costs suffered by you as a result thereof including the unavailability of the Service.
• 5.4.3.4 Upon becoming the owner of the Device, you shall be fully responsible for the Device and you shall not have any claim of whatever nature for the breakdown and/ or failure of the Device in any manner whatsoever against INTERPRISE.
• 5.5 Booster
• 5.5.1 i-Go Lite and i-Go Packages
• 5.5.1.1 You acknowledge that in order to avoid an interruption of the Service, you are advised to top up your product cap limit by purchasing Booster from INTERPRISE. You acknowledge that the purchase of Booster must be done prior to reaching your allocated cap, failing which the Service will automatically be suspended until the end of the month.
• 5.5.2 G1; G3; G6 and G9 Packages
• 5.5.2.1 Should you exceed your product cap, INTERPRISE shall throttle your Service until you purchase further product cap and you acknowledge that the Service will be degraded until you have bought Booster or until the next month.
• 5.5.3 Booster shall commence once you reach your product cap. If you do not use the entire Booster in the month it was purchased it shall continue until the last day of the following calendar month after which the Booster will automatically terminate irrespective of whether you have utilised it fully or not. It is specifically agreed that should you not have used the Booster fully you shall not be entitled to any credit and/or refund for the unutilised portion in any manner whatsoever.
• 5.5.4 INTERPRISE may in its discretion limit the amount of Boosters you may be able to purchase during a calendar month, provided that it shall act reasonably.
• 5.6 Dashboard
• 5.6.1 Included as part of the Service is the dashboard which is a tool providing you with the ability to: (i) connect to the Internet; (ii) monitor your Internet traffic usage; and (iii) access other services (hereinafter referred to as the "Dashboard").
• 5.6.2 You acknowledge and agree that INTERPRISE does not (i) maintain and/or manage the Dashboard; and (ii) ensure that the usage report produced by the Dashboard is up-to-date, current, and/or correct;
• 5.6.3 The Network Operator's monitoring equipment shall be used to monitor and measure your Internet traffic usage and shall be the sole source to determine usage and/or whether you have exceeded your product cap.
• 5.7 Dial up Access
• 5.7.1 You agree that if you have elected dial up access on the Application Form then the fee for dial up access will be payable irrespective of whether you actually use this service or not.

6. VALUE ADDED SERVICES

The terms and conditions applicable to any value added services may be accessed

7. TERMINATION OF NETWORK OPERATOR AGREEMENT

You agree that if the agreement between INTERPRISE and the Network Operator terminates then INTERPRISE may, at its discretion: (i) terminate the provision of the Service without liability to you; (ii) transfer the provision of the service to a third party service provider; or (iii) assign this agreement to the Network Operator.