LEGAL INFORMATION

WIBERSOLUTIONS (PTY) LTD

Registration Number: 2015/254257/07

TERMS AND CONDITIONS

  1. INTERPRETATION:

 In the Terms and Conditions:

  • Clause headings are inserted for convenience and are not to be used for the purpose of interpretation.
  • Unless the context indicates a contrary intention, an expression which denotes:
  • Any gender includes the other gender.
  • A natural person includes a juristic person and vice versa.
  • The singular includes the plural and vice versa.
  • Where figures are referred to in numerals and in words, and a conflict appears between the two, the words shall prevail.
  • Where a number of days is prescribed herein 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.
  • In the Terms and Conditions, unless the context stipulates otherwise, the following words and expressions shall have the meanings assigned to them hereunder:
  • “the Act” shall mean the Electronic Communications Act 36 of 2005, as amended from time to time, and any regulations promulgated in accordance therewith, as may be amended or replaced from time to time;
  • “Agreement” shall mean the agreement concluded between Wiber Solutions and the Client in terms of which Wiber Solutions provides certain services as specified therein to the Client;
  • “Business Day” shall mean any day excluding Saturday, Sunday and a public holiday in the Republic of South Africa;
  • Business Hours” shall mean Mondays to Fridays 08H00 to 17H00 excluding Public Holidays;
  • “the Client” shall mean the person to whom Wiber Solutions renders the Services in terms of the Agreement concluded between such person and Wiber Solutions, alternatively, any person to which Wiber Solutions provides the Services ;
  • “CPE” shall mean the customer premises equipment installed at the Premises in order to enable Wiber Solutions to provide the Services, including the wireless antenna and cabling terminating at the POE injector, and excluding the router;
  • “EFT” shall mean Electronic Funds Transfer;
  • “Force Majeure” shall mean some intervening event which is beyond the control of the Parties and which shall prevent either of the Parties from performing its obligations in terms of the Agreement and/or the Terms and Conditions;
  • “FTTH” shall mean fibre to the home network;
  • “install/installation” shall mean the physical act of delivering the CPE to the Premises and installing same so that it can be utilised as intended by the Parties, including the costs of labour and other resources required to do so;
  • “ONU” shall mean the Optical Network Termination Unit;
  • “the Parties” shall mean Wiber Solutions and the Client and “Party” shall mean either one of them as the context may dictate;
  • “POE” shall mean power over Ethernet power supply;
  • “the Premises” shall mean the physical location at which the Services are required in terms of the Agreement;
  • “Primary Router” shall mean the router connected directly to the CPE or ONU;
  • “Service/Services” shall generally mean the electronic communication services and internet access provided by Wiber Solutions to the Client, which may be specified in greater detail in the Agreement;
  • “Site Inspection” shall mean an inspection by Wiber Solutions of the Premises at which its Services are required in terms of the Client’s request;
  • “Terms and Conditions” shall mean this document;
  • “VAT” shall mean value added tax;
  • “Wiber Solutions” shall mean Wibersolutions (Pty) Ltd or any of its employees, authorised representatives or any other entity to which Wiber Solutions may assign, cede or delegate any of its rights and/or obligations; and
  • “WIFI” shall mean a facility allowing computers, smartphones, or other devices to connect to the Internet or communicate with one another wirelessly within a particular area.
  1. INTRODUCTION OF SERVICE
  • The Terms and Conditions apply to all Services provided by Wiber Solutions, and in using the Services the Client agrees to be bound by the Terms and Conditions.
  • The Terms and Conditions, together with the Agreement, form the contract between Wiber Solutions and the Client. If the Parties enter into or agree to annexures to any of these aforementioned documents, such annexures will also form part of the contract.
  • In the event that there is a conflict between any of the abovementioned documents forming the contract between the Parties, then such documents shall be interpreted in descending order of precedence as follows: the Terms and Conditions, the Agreement, and then any annexures thereto, unless otherwise expressly stated in writing and signed by Wiber Solutions and the Client.
  • The Terms and Conditions may be updated from time to time, without notice to the Client, and it is the Client’s responsibility to revisit the Terms and Conditions from time to time.

 

  1. INSTALLATION
  • A Site Inspection is required before an installation fee can be quoted.
  • The “Standard Installation Fee” shall include the cost of two hours of labour at R 450.00 (four hundred and fifty rand) per hour including VAT, the provision of an Ubiquiti LiteBeam/Radwin/Mimosa/Cambium as the CPE, a bracket, a 1m pole, 20m Cat5e shielded black cable and the requisite connectors only. Any other work or hardware which may be required in order to provide the Services, such as the router, shall be charged for in addition to the Standard Installation Fee.
  • Wiber Solutions will only schedule an installation once the Client has:
  • concluded a month to month Agreement and paid the installation fee as quoted; alternatively
  • concluded a 24 (twenty-four) month fixed term Agreement, together with the requisite debit order, whereupon Wiber Solutions shall waive the installation fee.
  • In order to install the CPE Wiber Solutions requires:
  • a clean, dry and dust free area in which to do so;
  • a router, which is to be provided by the client, unless specifically requested and purchased from Wiber Solutions at an additional cost to the Services and to the Standard Installation Fee; and
  • a dedicated wall plug point which is within one meter from where the router is to be situated.
  • The Client shall be charged an installation fee, which shall be payable by the Client upon the presentation of the relevant tax invoice.
  • Wiber Solutions shall not afford the Client any discount on the instillation fee as a result of the Client having supplied his/her/its own CPE.
  • Wiber Solutions shall not refund the Client’s installation fee for any reason whatsoever once installation has taken place.
  1. SECURITY & PRIVACY
  • Wiber Solutions reserves the right to intercept and monitor all usage and flow of communication through the Services provided and take any other action required to ensure that the security and reliability of its network is not compromised.
  • The Client is solely responsible for the protection of his/her/its data on any personal computing devices including computers, laptops, tablets, and smartphones, when using the Wiber Solutions Service. Wiber Solutions cannot be held responsible for any breach of security that occurs on the Client’s devices.
  • The Client may not use the Service provided by Wiber Solutions for any illegal or unlawful activity.
  • If the Client is found to engage in any of the above actions, Wiber Solutions reserves the right, without prejudice to any other rights, without notice and with immediate effect, to suspend or terminate the Service and/or Agreement without refunding any payment made for any Service not yet received as any such action is deemed a breach of contract.
  1. DURATION
  • A month to month Agreement shall endure indefinitely, terminable by either party on 1 (one) month’s written notice to the other, or by other means recognised by law, at no penalty fee.
  • Subject to the provisions of the Consumer Protection Act 68 of 2008, were applicable, should the Client wishes to terminate a 24 (twenty four) month fixed term Agreement earlier than the full term thereof, the Client shall be entitled to do so provided that he/she/it gives no less than 3 (three) months written notice, and such termination shall be subject to any penalties due in terms of the Agreement.
  • Notices of termination as described in Clause 1. and 5.2. above shall only be accepted by Wiber Solutions if such notices are sent via email to cancellations@wibersolutions.co.za.
  1. OWNERSHIP AND RISK
  • The CPE, and specifically any ONU units, installed at the Premises, shall remain the sole exclusive property of Wiber Solutions at all times, unless the Agreement specifically stipulates otherwise and, subject to the terms of the Agreement, Wiber Solutions shall be entitled to remove the CPE, upon the termination of the Agreement, during Business Hours, on 1 (one) Business Day’s notice to the Client.
  • Notwithstanding the provisions of Clause 1. above, risk in and to the use of the CPE shall pass to the Client upon installation of the CPE at the Premises and the Client shall be liable to Wiber Solutions for any damages to or loss of the CPE installed at the Premises, regardless of the cause of any such damages or loss.
  • In the event that any CPE is lost, stolen or destroyed, the Client must immediately notify Wiber Solutions and any police official at any police station, in writing, that the CPE has been lost, stolen or destroyed.
  • The Client shall ensure that the CPE at the Premises is adequately insured with such insurance company/companies as the Client may select.

 

  1. PAYMENT
  • The Client shall be charged for the Services pro rata from the date of installation of the CPE.
  • The Client shall be charged monthly in advance for the Services to be provided.
  • Wiber Solutions shall provide the Client with a tax invoice in respect of the monthly Services to be rendered in the succeeding month, on or before the 25th (twenty-fifth) day of each and every month and payment of such tax invoice shall be due on or before the 1st (first) Business Day of the succeeding month.
  • The Client shall make payment for the monthly Services provided by way of EFT, or in terms of a debit order, as stipulated in the Agreement.
  • It is the Client’s responsibility to ensure that the correct payment reference is used when making any payments by way of EFT.
  • Wiber Solutions reserves the right to suspend or terminate the Services should the Client fail to make payment of any amount owing within 7 (seven) days of the due date.
  • In the event that that the Client’s debit order is not paid, Wiber Solutions reserves the right to resubmit the debit order at any time and further reserves the right to add any outstanding balance to any subsequent amounts charged and debit orders submitted.
  • Wiber Solutions reserves the right to charge an administration fee of R 185.00 (one hundred and eighty five rand), plus VAT, for each debit order that is returned unpaid.
  • All prices charged by Wiber Solutions shall be subject to an annual increase as per the Agreement.
  • Wiber Solutions is a registered VAT vendor in terms of Section 1 of the Value-Added Tax Act No. 89 of 1991 and accordingly all prices charged by Wiber Solutions shall be subject to any increase in VAT.
  • The Client may “upgrade” or “downgrade” the Services provided in terms of the Agreement at any time by forwarding a written request in this regard to billing@wibersolutions.com, which request will be given effect to as soon as reasonably possible.
  • The Client shall be charged for the “upgraded” Services pro rata, from the date upon which the upgraded Services are provided by Wiber Solutions.
  • In the event that the Services provided to the Client are “downgraded” as provided for in Clause 11. above, Wiber Solutions shall credit the Client’s account accordingly.
  • Notwithstanding the above, Wiber Solutions shall only refund the Client if the Client’s account has a credit balance, regardless of the basis on which the refund is due to the client.
  1. NO GUARANTEES OR WARRANTIES
  • Wiber Solutions shall endeavour to ensure that the CPE is properly installed and capable of supporting the provision of the Services and that the Services are available to the Client at all times.
  • Notwithstanding the above, Wiber Solutions makes no warranties or guarantees, express of implied, under the Agreement or otherwise, in respect of the installation of the of the CPE and the provision of the Services.
  1. WIFI
  • It is specifically recorded that Wiber Solutions does not guarantee internet wireless coverage to the Premises.
  • Wiber Solutions is responsible for the internet line speed terminating at the Primary Router only.
  • Wiber Solutions shall only conduct and accept the results of speed tests that are carried out using http://speedtest.wibernet.co.za together with the use of a Network cable connected to the Client’s Primary Router.
  1. LIMITATION OF LIABILITY AND INDEMNITY
  • Wiber Solutions shall not incur any liability for any loss or damage as a result of, or arising out of the installation of the CPE or the provision of Services which occurs as a result of the following:
  • Force Majeure;
  • any factor beyond the reasonable control of Wiber Solutions; or
  • any other cause whatsoever, unless such cause is as a direct result of the gross negligence of Wiber Solutions.
  • The Client indemnifies Wiber Solutions from any claim or action which may be brought by any person as a result of, or arising out of the installation of the CPE and/or the provision of Services.
  1. DOMICILIA AND NOTICES
  • Wiber Solutions’ domicilia citandi et executandi shall be as stipulated in the Agreement.
  • The Client’s domicilia citandi et executandi shall be as stipulated in the Agreement.
  • The abovementioned domicilia citandi et executandi of either Party may be changed by written notice from such Party to the other Party with effect 5 (five) business days after the date of receipt or deemed receipt by the latter of such notice.
  • Any notice, demand or other communication properly addressed by either Party to the other Party at the latter’s domicilium in terms hereof for the time being and sent by prepaid registered post shall be deemed to be received by the latter on the 5th (fifth) business day following the date of posting thereof. This provision shall not be construed as precluding the utilisation of other means and methods (including facsimile and e-mail) for the transmission or delivery of notices, demands and other communications, provided that any communication by e-mail or facsimile shall be deemed to have been received on the same day of transmission.
  • Notwithstanding anything to the contrary herein contained, a written notice or communication actually received by a Party shall be an adequate written notice or service to that Party notwithstanding that the notice or communication was not sent to or delivered at that Party’s chosen address or domicilium citandi et executandi referred to in clauses 1. and 11.2. above.
  1. BREACH
  • The following conduct will constitute breach of contract by the Client;
  • Using the internet service for any illegal activities;
  • By passing any authentication methods and/or speed or data limitation methods used by the Wiber Solutions;
  • Accessing or attempting to access any part of the Wiber Solutions network infrastructure; and
  • Failing to make payment for provision of services within the stipulated time frame.
  • Where the Client is in breach of contract, Wiber Solutions shall be entitled to cancel any subscription agreement with the client should the client fail to rectify such breach within 7 (seven) days’ notice of such breach.
  1. GENERAL
  • Whole Agreement
    The Agreement and the Terms and Conditions contain all the provisions agreed on by the Parties with regard to the subject matter of the Agreement and supersedes and novates in its entirety any previous understandings or agreements among the Parties in respect thereof, and the Parties waive the right to rely on any alleged provision not expressly contained in the Agreement and the Terms and Conditions.
  • Non-variation
    No contract varying, adding to, deleting from or cancelling the Agreement and the Terms and Conditions, and no waiver of any right under the Agreement and the Terms and Conditions, shall be effective unless reduced to writing and signed by or on behalf of the Parties.
  • No Indulgence
    No indulgence granted by any Party to any other Party shall constitute a waiver of any of that Party’s rights under the Agreement and the Terms and Conditions; accordingly, that Party shall not be precluded, as a consequence of having granted such indulgence, from exercising any rights against the other Party or Parties which may have arisen in the past or which may arise in the future.
  • Jurisdiction
    The Parties hereby consent to the non-exclusive jurisdiction of the High Court of South Africa (Western Cape Division, Cape Town) for any proceedings arising out of or in connection with the Agreement and the Terms and Conditions.
  • Severability
    Each provision of the Terms and Conditions is severable from the others and no severance and/or determination that any provision of the Agreement and the Terms and Conditions is invalid or unenforceable shall affect the validity of any other provision.
  • Applicable Law and Jurisdiction
    The Agreement and the Terms and Conditions shall be governed by, and interpreted in accordance with, the laws of the Republic of South Africa.

END OF TERMS AND CONDITIONS

Who we are

Owner information & required disclosures under section 43 of the ECT Act.

Website owner: Wibersolutions (Pty) Ltd

Registered Number: 2015/254257/07

Licensing: 0808/CECNS/MAR/2017, 0808/CECS/MAR/2017

Directors: Russell Purdon, Barry Misplan


Wiber Solutions Headquarters:

Unit 3, Southern Cross Village, Capricorn Park, Muizenberg, Cape Town, 7945

Head Office:
Hours: 
8 am – 5 pm
Office:
 +27 21 276 0400
Email: info@wibersolutions.co.za
Our website address is: https://www.wibersolutions.co.za.

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WIBERSOLUTIONS (PTY) LTD

COMPLAINTS PROCEDURES

Introduction

  1. In order to provide electronic communications services to its subscribers, Wibersolutions (Pty) Ltd (“Wibersolutions”) holds licences issued by the Independent Communications Authority of South Africa (“ICASA”).
  2. ICASA requires that all licence-holders develop and publish its procedures for handling Complaints and Billing Disputes, in order to comply with the requirements in:
    • The ICASA Code of Conduct Regulations 2007, which are available here; and
    • The ICASA End-User and Subscriber Service Charter Regulations 2016, as amended, which are available here.
  3. Wiber  Solutions has developed this document in line with these Regulations and will follow the procedures set out below in dealing with Complaints and Billing Disputes (as defined herein) with its Consumers.

Definitions

  1. “Billing Dispute” means an instance where a Customer states in good faith that their bill contains incorrect charges, payments or adjustments. Billing Disputes are a specific form of Complaint dealt with only in terms of the Billing Disputes Procedure set out herein.
  2. “Billing Dispute Notice” means a formal, written notice submitted to Wibersolutions by the Customer in terms of this Procedure.
  3. “Billing Disputes Procedure” mean the Billing Disputes Procedure set out herein for the initiation and resolution of Billing Disputes.
  4. “Billing Enquiry” means the situation where the Customer seeks information or clarification relating to an invoice issued by Wibersolutions including without limitation seeking clarification of charges or sources of usage. For the avoidance of doubt, a Billing Enquiry is not a Billing Dispute.
  5. “Business Day” means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa.
  6. “Complaint” means a formal, written expression of dissatisfaction or grievance made by a Customer in terms of the General Complaints Procedure, but does not include a request for information or a Billing Dispute. Complaints are dealt with only in terms of the General Complaints Procedure set out herein.
  7. “Customer” means a Wibersolutions subscriber or potential subscriber.

General Complaints Procedure

  1. This Procedure applies to all Complaints other than Billing Disputes, which are dealt with in terms of the Billing Dispute Procedure set out below.
  2. The Customer is required to direct a formal Complaint to complaints@wibersolutions.co.za.
  3. The Complaint is required to be accompanied by the following:
    • The Customer’s full particulars and contact details;
    • The Customer’s relationship with Wiber Solutions, together with any customer reference numbers or details which may be applicable;
    • A statement of the reasons for the Complaint, with enough detail to allow Wiber Solutions to assess these; and
    • Any relevant evidence or documentation the Customer wishes to submit in support of the Complaint.
  4. Following the ICASA Code of Conduct Regulations, Wiber Solutions will:
    • Acknowledge receipt of the Complaint within three (3) Business Days of the Complaint and allocate a reference number; and
    • Determine an outcome for the Complaint and communicate this to the Customer in writing within fourteen (14) Business Days of receipt of the Complaint.

Billing Disputes Procedure

General

  1. Billing Enquiries should be directed to complaints@wibersolutions.co.za, and Complaints not related to Billing Disputes are dealt with under the General Complaints Procedure set out above.
  2. The Customer expressly acknowledges and agreed that:
    • Any charge recorded on an invoice which is not submitted in accordance with this Billing Disputes Procedure is payable in full to Wiber Solutions by the due date of that invoice;
    • An amount that is not in dispute (“Undisputed Amount”) cannot be withheld for any reason, including without limitation when that amount is on an invoice together with an amount that is in dispute (“Disputed Amount”);
    • The Billing Disputes Procedure is only triggered when Wiber Solutions receives a Billing Dispute, and it is only after this that the Customer may withhold payments of the Disputed Amount only as set out in clause 17; and
    • Billing Enquiries, Complaints and requests for information are not considered to be Billing Disputes and do not trigger this Billing Disputes Procedure. Billing Enquiries should be directed to complaints@wibersolutions.co.za. Complaints are dealt with under the General Complaints Procedure set out above, and requests for information can be sent to complaints@wibersolutions.co.za.
  3. Please note that Wiber Solutions will not entertain any Billing Dispute based on unauthorised use of the services or on unauthorised use of the services by a third party, as it is the Customer’s responsibility to safeguard access to the services received by the Customer and to use such services in the manner set out in the terms and conditions applicable thereto.

Customer Acknowledgements

  1. The Customer expressly agrees to allow Wiber Solutions to attempt settlement of any Billing Dispute within fourteen (14) Business Days before raising a dispute with any third party, credit card company or bank. Wiber Solutions requires and Customer expressly agrees that Wibersolutions will be the first option in Billing Disputes. Should Wiber Solutions receive a chargeback or other reversed charge from a third party, credit card company or bank on behalf of the Customer before Wiber Solutions has been given a chance to resolve the Billing Dispute, then Wibersolutions has the right to collect on the rendered services and any fees associated with those charges.
  2. Not all Billing Disputes may be settled to the Customer’s satisfaction. Once this Billing Disputes Procedure has been exhausted, a Customer may use any third party, credit card company or bank in an attempt to settle the dispute. However, Wibersolutions still retains the right to collect on any rendered services or fees that are due. Should Wiber Solutions be unable to reverse any disputed amounts with a third party, credit card company or bank, Wiber Solutions will submit the full delinquent amount for collection.

Withholding the Disputed Amount

  1. The Customer may only withhold payment of a Disputed Amount where Wiber Solutions receives a valid Billing Dispute Notice relating to such Disputed Amount at least five (5) Business Days prior to the due date recorded on the relevant invoice.

Initiating Billing Disputes

  1. A Billing Dispute Notice may be lodged in the manner set out herein until the passing of thirty (30) calendar days from the date of the relevant invoice.
  2. The Customer is required to direct a formal Billing Dispute Notice to complaints@wibersolutions.co.za.
  3. The Billing Dispute Notice is required to be accompanied by the following:
    • The Customer’s full particulars and contact details;
    • The Customer’s relationship with Wiber Solutions, together with any customer reference numbers or details which may be applicable;
    • Invoice number and date;
    • The amount in dispute (“the Disputed Amount”);
    • The amount not in dispute (“the Undisputed Amount”);
    • A statement of the reasons for the Billing Dispute, with enough detail to allow Wiber Solutions to assess these; and
    • Any relevant evidence or documentation the Customer wishes to submit in support of the Billing Dispute.

Response to Billing Dispute Notice

  1. In terms of the ICASA Code of Conduct Regulations, Wibersolutions will acknowledge receipt of the Billing Dispute Notice within three (3) Business Days and allocate a reference number.
  2. Wiber Solutions shall provide a formal response with its determination to the Billing Dispute Notice within fourteen (14) Business Days following receipt of the Billing Dispute Notice.
  3. Wiber Solutions may request additional information or documentation from the Customer lodging the Billing Dispute Notice, which information or documentation is reasonably required to assist Wiber Solutions in making a determination in the matter. The Customer shall provide such information or documentation as soon as possible, and the running of the fourteen (14) Business Day period will be suspended until such time as the requested information or documentation has been received by Wiber Solutions.
  4. Wiber Solutions will assess the Billing Dispute, and send to the Customer its response (and reasons for such determination), which shall take one of the following forms:
    • A confirmation that the Billing Dispute is valid, and a statement indicating such adjustments as may be necessary;
    • A rejection of the Billing Dispute Notice on the basis that:
      • The Billing Dispute Notice was not received by Wibersolutions within thirty (30) calendar days of the date of the relevant invoice, as required in clause 20;
      • The Billing Dispute Notice does not contain all of the information required, as set out in clause 23, or was not submitted in the required manner, as set out in clause 22;
      • The Customer has not made payment of any Undisputed Amounts, and does not have the right to withhold payment of any Disputed Amounts in accordance with clause 17.
      • Wiber Solutions has confirmation from the Customer that the Billing Dispute which is the subject of the Billing Dispute Notice has been resolved;
      • The Customer is disputing any charges on the basis of unauthorised use of the services or on unauthorised use of the services by a third party; or
      • Wiber Solutions reasonably believes that the Customer does not have a bona fide dispute in relation to Billing Dispute submitted.
    • Any alternate resolution that Wibersolutions deems appropriate.

Response Implications

  1. If stipulated in Wibersolutions’s response in terms of clause 24 that the Customer must make payment of the Disputed Amount or a portion thereof, the Customer must pay the Disputed Amount or such indicated portion within five (5) Business Days of the date of Wibersolutions’s
  2. If stipulated under Wiber Solutions’s response in terms of clause 24 that Wiber Solutions must withdraw the Disputed Amount or refund a fee already paid, Wiber Solutions must as soon as practicable:
    • Provide the Customer with a statement reflecting the adjustment to their account. It is intended that this adjustment will be contained on the next invoice issued to the Customer, but the parties acknowledge that this may be delayed due to timing issues with the response and Wibersolutions’s standard billing terms; or
    • Credit any Disputed Amount already paid by the Customer.

Continued Service Provision

  1. Wiber Solutions will not disconnect a service provided to the Customer which is the subject of a Billing Dispute Notice, or take adverse collection procedures or impose late payment penalties or charges, while attempting to resolve a Billing Dispute lodged in terms of the Billing Disputes Procedure and until such time as Wibersolutions has reached a determination and communicated this to the Customer, provided that Undisputed Amounts are paid timeously.
  2. Wiber Solutions reserves the right, however, to take such measures mentioned in clause 27 immediately:
    • Where a determination of the Billing Dispute has been made and communicated to the Customer; or
    • Where the Customer has indicated that they are unable to pay the invoice or bill, or have filed or are the subject of any application to court for sequestration or liquidation, or otherwise seek to reach a formal arrangement with their creditors.
  3. Subject only to the above, the rights and obligations of each party under the Billing Disputes Procedure continue pending resolution of a Billing Dispute invoked under this Billing Disputes Procedure. For the avoidance of doubt, this includes that Wiber Solutions shall continue to have the right to terminate or suspend the service in accordance with Wiber Solutions’s rights under the agreement that the Customer has with Wiber Solutions.

Confidentiality

  1. Neither party shall use any information obtained from the other party during the course of any process invoked under the Billing Disputes Procedure for any purpose other than the resolution of the particular Billing Dispute.

Referral of Complaints to ICASA

  1. If the Customer is not happy about the outcome of a Complaint or a Billing Dispute, the Customer has the right to escalate it to ICASA. If ICASA is not able to resolve the matter it may be referred to the ICASA Complaints and Compliance Committee for adjudication.
  2. Please note that in terms of the ICASA Code of Conduct Regulations 2007, the Customer must give Wibersolutions an opportunity to resolve the matter within the period specified in this Complaints Procedure before the Customer may escalate the Complaint or Billing Dispute to ICASA.
  3. ICASA can be contacted in the following ways:
Last Updated: September 2018

WIBERSOLUTIONS (PTY) LTD

CODE OF CONDUCT & SERVICE CHARTER

Introduction

  1. In order to provide electronic communications services to its subscribers, Wibersolutions (Pty) Ltd (“Wibersolutions”) holds licences issued by the Independent Communications Authority of South Africa (“ICASA”).
  2. ICASA requires that all licence-holders comply with, inter alia, the:
    • ICASA Code of Conduct Regulations 2007, which sets out minimum standards of conduct when providing services to subscribers or dealing with potential subscribers; and
    • ICASA End-User and Subscriber Service Charter Regulations 2016, as amended, which sets out the minimum quality of service standards applicable to services provided to subscribers and potential subscribers.
  3. Wiber Solutions has developed a Code of Conduct and Service Charter in line with these Regulations and will strive to follow this in its interactions with its Consumers.
  4. The ICASA Code of Conduct Regulations 2007 are available here.
  5. The ICASA End-User and Subscriber Service Charter Regulations 2016 are available here.

Definitions

  1. “Business Day” means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa.
  2. “Business Hours” means 08h00–17h00 on Business Days.
  3. “Customer” means a subscriber or potential subscriber of Wibersolutions.

Key Commitments

  1. Wiber Solutions makes the following key commitments and will endeavour to:
    • Act in a fair, reasonable and responsible manner in all dealings with Customers;
    • Ensure that all its services and products meet the specifications as contained in Wibersolutions licences and all the relevant laws and regulations;
    • Not unfairly discriminate against or between Customers on the basis of race, gender, sex, age, religion, belief, disability, ethnic background or sexual orientation;
    • Display utmost courtesy and care when dealing with Customers;
    • Provide Customers with information regarding services and pricing;
    • Where requested to do so, to provide Customers with guidance with regard to their service needs; and
    • Keep the personal information of Customers confidential unless Wibersolutions is:
      • In possession of written authorisation from the Customer to do so;
      • Required to release such information for the purpose of briefing Wibersolutions’s auditors, professional advisors or an accredited debt collection agency; and/or
      • Otherwise authorised or required by any law or an order of Court.
  1. Customers have the right to refer Complaints to ICASA as more fully set out in Wibersolutions’ Complaints Procedures.

Consumer Rights

  1. The ICASA Code of Conduct Regulations 2007 stipulates the following (non-exhaustive) list of consumer rights held by Consumers:
    • A right to be provided with the required service without unfair discrimination;
    • A right to choose the service provider of the Consumer’s choice;
    • A right to receive information in the Consumer’s preferred language (Wibersolutions will do its best to meet this request were reasonable);
    • A right to access and question records held by Wibersolutions which relate to the consumer’s relationship with the service provider;
    • A right to the protection of the Consumer’s personal data, including the right not to have personal data sold to third parties without the Consumer’s express permission;
    • A right to port a number in terms of applicable regulations;
    • A right to lodge a complaint; and
    • A right to redress.
  2. Wiber Solutions will take all reasonable steps to meet these consumer rights insofar as they find an application.

Availability of Information

  1. The following information can be obtained from Wibersolutions by email request to [Insert Email Address], and is available for inspection at Wibersolutions offices during Business Hours:
    • Wiber Solutions’ range of services/products on offer;
    • Tariff rates applicable to each service offered;
    • Terms and conditions applicable to such services/products;
    • Payment terms;
    • Billing, billing processes and the Billing Disputes Procedure;
    • General Complaints Procedure; and
    • Relevant contact details.

Billing

  1. Wiber Solutions will provide the Customer with an itemised bill or invoice on request or where this is specified as part of the services provided to the Customer.
  2. Billing terms are also set out on Wiber Solutions

Defective Items

  1. Where a product purchased through Wibersolutions is defective, Wibersolutions will investigate the product and follow measures as set out in the contract with the Customer and/or as per the manufacturer’s warranty for that product.

Application/Credit Vetting

  1. Where applicable, Wibersolutions reserves the right to subject any application for services and/or products, including variations to existing services and/or products, to credit referencing and analysis by registered credit bureaux, and the Customer explicitly consents to the use of all information supplied by the Customer for this purpose and for the purpose of compliance with the National Credit Act 34 of 2005, as amended.

Terms and Conditions of Service

  1. Wiber Solutions will provide the Customer with a copy of the written contract and/or terms and conditions (or link thereto) upon finalisation of a service agreement or as soon as is reasonably possible thereafter. Where an agreement is entered into telephonically, a copy of these documents will be provided to the Customer within 7 (seven) Business Days.
  2. These documents will contain clear provisions relating to the nature of the contract, the minimum duration of the contract, the manner and notice period for termination, any payments or rules which may be applicable for early termination, and any other rules which may govern the relationship between Wibersolutions and the Customer.
  3. Where Wibersolutions affects changes to the terms and conditions of its service, Wibersolutions will inform the Customer of such changes within a fair and reasonable period.

Minimum Service Standards

  1. The End-User and Subscriber Service Charter Regulations 2016, as amended, set out the following quality of service parameters for Fixed Services, Fixed Wireless and Mobile Services (as defined therein):
    • 95% network service availability averaged over 6 months;
    • 95% service availability averaged over 6 months;
    • For Fixed Services, 95% success rate in meeting residential services installations within 30 days of request measured over 6 months, and 90% successful installations for business services within 30 days of request measured over 6 months;
    • For Fixed Wireless, 95% success rate for activations within 48 hours measured over 6 months, and for Mobile Services 99% activated within 48 hours measured over 6 months;
    • For Fixed, 90% of faults cleared within 5 days measured over 6 months, and for Mobile Services, 95% of faults cleared within 24 hours measured over 6 months;
    • Average call setup success ratio must be greater than 98% averaged over 6 months;
    • Average call setup time must be less than 20 seconds averaged over 6 months;
    • Average dropped call ratio must be less than 3% averaged over 6 months;
    • Average message transmission success ratio must be greater than 98% of attempted SMS’ averaged over 6 months;
    • End-to-end delivery time for SMS’ must be less than 60 seconds averaged over 6 months;
    • Average speech quality on the Mean Opinion Score (MOS) must be greater than 3 averaged over 6 months.
  2. Wiber Solutions will, subject to events and conduct beyond its reasonable control, adhere to the aforementioned quality of service parameters insofar as these apply to Wibersolutions.
  3. Customers acknowledge that Wibersolutions is directly dependent on network and other services provided by third parties in providing the services and that Wibersolutions cannot be held liable in any manner whatsoever for any failure to meet any specified standards where this results from the acts and/or omissions of such third parties.
Last Updated: September 2018

WAPA

Wireless Access Providers’ Association (WAPA), established in 2006, is a non-profit trade association acting as a collective voice for the wireless industry. WAPA’s primary objective is to promote the growth of the wireless industry by facilitating self-regulation, promoting best practices, and educating both members and the market for new wireless technologies and business models. WAPA offers its members regulatory advice, technical training, a code of conduct, a forum for knowledge-sharing and business-enablement opportunities. View more