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