MBI TV TELECOM’S STANDARD TERMS AND CONDITIONS FOR THE PROVISION OF
ELECTRONIC COMMUNICATIONS SERVICES & PRODUCTS (Ver. I)

We have outlined some of the fine print in the tabs below, for your convenience.

You can also download a full copy of our Terms and Conditions for your record

FOREWORD

The Applicant must take note of the details set out under this Foreword.

If you cannot understand these general provisions, which are pre-­conditions to the standard MBI TV Telecom terms and conditions, please contact your MBI TV Telecom service provider. Please note that the MBI TV Telecom standard terms and conditions are attached for you to read and consider. They will become binding and apply to you once MBI TV Telecom has agreed to provide you with the service or device, which you have requested under the Application form.

EXCLUSION OR LIMITATION OF LIABILITY CLAUSES

In terms of section 49 of the Consumer Protection Act, 2008 (the CPA)

A term or notice which purports to limit in any way the risk or liability of the supplier or any other person or constitutes an assumption of risk or liability by the consumer or imposes an obligation on the consumer to indemnify the supplier or any other person for any cause, or constitutes the acknowledgement of any fact by the consumer, must be written in plain language and the fact, nature and effect of such provision must be drawn to the attention of the consumer before the consumer concludes the transaction or is required to offer consideration under it.

This must be done in a conspicuous manner and form likely to attract the attention of the ordinarily “alert” consumer having regard to the circumstances and the consumer must be given adequate opportunity to comprehend the notice or provision.

APPLICATION OF STANDARD TERMS AND CONDITIONS

These standard terms and conditions, as amended by MBI TV Telecom from time to time in accordance with the provisions of MBI TV Telecom’s Electronic Communications Service (ECS) license, the Electronic Communications Act 36 of 2005, the Consumer Protection Act, 68 of 2008 or any other applicable legislation, are applicable to the provision and use of all electronic communications services and products provided by MBI TV Telecom to customers.

The Customer accepts and agrees that these terms and conditions become binding on it once MBI TV Telecom has processed the Customer’s Application and agreed to provide the Customer with the MBI TV Telecom Services and where applicable the Selected SE. MBI TV Telecom will notify the Customer of its acceptance or non-­acceptance and where applicable the deposit which it may require in order to secure the MBI TV Telecom Services and or Selected SE.

 

APPLICATION FOR MBI TV TELECOM SERVICES AND CONDITIONS APPLICABLE TO SUCH APPLICATION

Persons wishing to obtain a MBI TV Telecom Service and where applicable, the SE, must apply for the MBI TV Telecom Service and SE by signing the standard MBI TV Telecom Application Form, which can be either downloaded from the MBI TV Telecom Website or obtained on request from MBI TV Telecom’s customer service centre; or by following any other application procedure determined by MBI TV Telecom from time to time.

If:

  • the Applicant is unable to either afford the service or goods applied for, or is in arrears on existing or closed MBI TV Telecom or MBI TV Telecom Mobile accounts;
  • the Applicant has not paid a deposit where required;
  • the Applicant has been blacklisted or has an adverse credit rating as per the National Credit Act, 34 of 2005;
  • the Applicant  is under some form of legal disability, for example is under the age of 18, is insolvent or has been sequestrated or is insane;
  • the Applicant has not provided the required or correct information;;
  • MBI TV Telecom is unable to provide the required services or goods due to unavailability of infrastructure or infrastructure limitations; or
  • there is an unavailability of coverage in a specific area,

then MBI TV Telecom has the right to decline and / or reject the Application and the offer to contract, provided that such rejection is not discriminatory as per Section 9 of the Constitution, 1996.

 

AMENDMENT OF THE MBI TV TELECOM STANDARD TERMS AND CONDITIONS

MBI TV Telecom reserves the right to amend its standard terms and conditions from time to time, subject to the provisions of the Consumer Protection Act, 68 of 2008, in so far as these amendments may relate to a Consumer, as defined.

MBI TV Telecom will place the amended terms and conditions on the MBI TV Telecom website www.mbitv-telecom.co.za file such amended terms and conditions with ICASA, and the National Consumer Commission, which amendment, from date of such filing, will thereafter be deemed to be incorporated into the Agreement.

CREDIT REFERENCING

The Applicant and Customer give MBI TV Telecom express permission to carry out general and specific credit reference enquiries about the Applicant who has applied for MBI TV Telecom Services or Selected SE. In addition the Applicant and Customer expressly give MBI TV Telecom permission to check the correctness of any of the information supplied by the Applicant when applying for a service.

 

WARRANTY BY APPLICANT

THE APPLICANT WARRANTS AND REPRESENTS THAT ALL INFORMATION SUPPLIED BY IT IN APPLYING FOR THE MBI TV TELECOM SERVICE AND WHERE APPLICABLE THE SELECTED SE, IS TRUE, CORRECT AND COMPLETE AND INDEMNIFIES AND HOLDS MBI TV TELECOM HARMLESS AGAINST ALL CLAIMS, OF WHATSOEVER NATURE, THAT ARISE, DIRECTLY OR INDIRECTLY, AS A RESULT OF THE APPLICANT OR ITS AGENT PROVIDING MBI TV TELECOM WITH ANY INCORRECT INFORMATION.

MBI TV Telecom will use the Applicant’s/Customer’s information strictly in accordance with the Regulations promulgated in terms of Section 69 of the Act, being Regulation 1740 headed: Code of Conduct for electronic communications and electronic communications network services licences (Government Gazette No. 30553) and in particular Regulation 3.8 , which states as follows:

Licensees must protect the confidentiality of consumer information, and in particular, must (a) use the information only for the purpose permitted or required, (b) report or release that information only to the consumer or prospective consumer, (c) only release that information to another person:

  • when directed by the written instruction of the consumer or prospective consumer, or
  • when directed by an order of a court.
  • during the process of collection of debts owed to the licensees to accredited debt collection agencies.
  • by the licensees’ auditors for the purpose of auditing their accounts.
  • in terms of any applicable law.

 

ADDITIONAL COPIES

Additional copies of the MBI TV Telecom standard terms and conditions can be obtained on request from MBI TV Telecom’s customer service branches or downloaded from the MBI TV Telecom website at www.mbitv-telecom.co.za.

 

MEANINGS OF CERTAIN WORDS AND PHRASES

This section sets out the meaning of certain words and phrases, which are used throughout the Agreement. To enable the Customer to read and understand the contents of Agreement, the Customer must first understand the meanings of these words and phrases.

Unless it appears differently from the context or under this clause 1, words, terms and phrases used in the Agreement shall have the same meaning as the definitions set out in the Electronic Communications Act, 36 of 2005 (Act) and under MBI TV Telecom’s Individual Electronic Communications Services License, which Act and related content can be viewed on the ICASA Website; http://www.icasa.org.za/ under the heading “Legislation”;;

 

Words importing the singular shall include the plural and vice versa.

 

Words denoting persons shall include natural human beings, legal entities and unincorporated associations of persons, and vice versa.

The headings in these terms and conditions shall not affect their interpretation.

In addition to the above provisions, unless inconsistent with the terms set out under the acts and/or license referred to under clause 1.1 or otherwise indicated by the context, the words and phrases set out below shall mean as follows:

“Abortive costs” has the meaning as set out in clause 6.2.8;;

“Act” means the Electronic Communications Act 36 of 2005, as amended from time to time, and any regulations, as may be amended or replaced from time to time, which Act, amongst other things, regulates the telecommunications industry and related sectors and the provision by them of certain electronic communications network services and electronic communication services. The Act and related content can be viewed on the ICASA Website at http://www.icasa.org.za/

“Applicant” means the person whose details are reflected on the Application Form, whether captured on paper, or via electronic means such as voice recordings, computer generated and captured data or similar means;;

“Agreement” means the Application Form, the Tariff List, and these terms and conditions which will apply to the Customer, in respect of the MBI TV Telecom Services and Selected SE, together with any Renewal Addendum (where applicable);

“Application Form” means the official MBI TV Telecom Application Form which is completed by the Applicant in writing, electronically or telephonically, which houses the Applicant’s details and the Applicant’s/Customer’s request that MBI TV Telecom provide it with certain MBI TV Telecom Services and/or the Selected SE;

“Authority” means the Independent Communications Authority of South Africa established in terms of section 3 of the Independent Communications Authority of South Africa Act, 2000 and its successors who govern and oversee the telecommunications and electronic communications industry;;

“Applicable Law” means any of the following, to the extent it applies to MBI TV Telecom, the Customer or the Goods and Services:

  1. any statute, regulation, by-­law, ordinance or subordinate legislation in force from time to time;
  2. the common law and the law of equity;
  1. any binding court order, judgment or decree;
  2. any applicable industry code, policy or standard enforceable by law; and any applicable direction, rule, pronouncement, policy or order that is given by a regulator.

“Basic telephone service” means an electronic communications service comprising technical features, which are the minimum necessary to allow the establishment of a telephony channel for the purpose of providing an electronic communications service in order to convey voice grade signals between two items of SE connected to TECN;;

“Business Day” means Monday to Friday, excluding Saturday and Sunday and excluding any public holiday as defined under the Public Holiday Act, 36 of 1994;;

“Connections” means the TECN Connections, which MBI TV Telecom will install at the Customer’s premises as reflected under the Application Form, which allows the Customer to use the MBI TV Telecom Service;;

“Connection date” means the date when MBI TV Telecom installs the Connections at the Customer’s premises where the MBI TV Telecom Service will be used, which allows the Customer to utilize the MBI TV Telecom Services and Selected SE or the SE;;

“Consumer” means a Customer who is a “consumer“ as defined under section 1, section 6 and Regulation GN 294 of 2011 of the CPA;;

“Charges” means the amounts charged by MBI TV Telecom in respect of the Selected SE, where purchased or leased from MBI TV Telecom, and the MBI TV Telecom Services, which charges are set out under the Tariff List or as notified by MBI TV Telecom from time to time, and which Charges will be set out under the Invoice which will be submitted to the Customer in terms of the Agreement;;

“CPA” means the Consumer Protection Act, 68 of 2008, as amended and any regulations published in terms thereof, as amended or replaced from time to time;;

“Credit referencing procedure” means the procedure set up by MBI TV Telecom to determine the creditworthiness of an Applicant;;

“Commencement date” means the date when MBI TV Telecom has processed the Application and notified the Customer that it has agreed to provide the Customer with the MBI TV Telecom Services and where applicable the Selected SE;;

“Customer” means the person who has applied for and who MBI TV Telecom has agreed to provide the MBI TV Telecom Services and Selected SE, where applicable, and who will be liable for the payment of the Charges and for compliance with the Agreement. Customer will also include “Subscriber” and “End-­user” as defined in section 1 of the Act;;

“Due date” means the date on which any amounts owed by Customer to MBI TV Telecom in respect of the MBI TV Telecom Services and the Selected SE, where applicable, become due and payable, and which is printed on the Invoice;;

“Detailed billing” means a detailed statement of account provided by MBI TV Telecom to the Customer setting out all billable elements, including without limitation all charges, fees, tariffs, disbursements, rates and taxes levied by MBI TV Telecom in respect of the MBI TV Telecom Services and the Selected SE, where applicable;;

“Directory” means a printed directory service containing an alphabetical or classified listing of names, addresses, and telephone numbers, of specific persons, groups, or firms which directory is governed by section 75 of the Act;

“Electronic Communications” means the emission, transmission or reception of information, including without limitation, voice, sound, data, text, video, animation, visual images, moving images and pictures, signals or a combination thereof by means of magnetism, radio or other electromagnetic waves, optical, electromagnetic systems or any agency of a like nature, whether with or without the aid of tangible conductor/conduit, but does not include content service as defined in section 1 of the Act;;

“Electronic Communications Network” or “ECN” means any system of electronic communications facilities (excluding Selected SE and SE), as defined under section 1 of the Act, including without limitation satellite systems;; fixed systems (circuit-­ and packet-­switched);; mobile systems;; fibre optic cables (undersea and land-­based);; electricity cable systems (to the extent used for electronic communications services);; and other transmission systems, used for conveyance of electronic communications;;

“Electronic Communications Network Service” or “ECNS” means a service as defined under section 1 of the Act, whereby a person makes available an electronic communications network, whether by sale, lease or otherwise, for that person’s own use for the provision of an electronic communications service or broadcasting service;; to another person for that other person’s use in the provision of an electronic communications service or broadcasting service;; or for resale to an electronic communications service licensee, broadcasting service licensee or any other service contemplated in the Act, and ‘network services’ is construed accordingly;;

“Electronic Communications Service” or “ECS” means any service provided to the public, sections of the public, the State, or the Customers to such service, which consists wholly or mainly of the conveyance by any means of electronic communications over an electronic communications network, but excludes broadcasting services;;

“Exchange connection” means the line that connects a main telephone service to an exchange which is also referred to as a private branch exchange line (PBX line) when terminated in a private branch exchange (PBX) or in any other type of telephone system;;

“Fixed Term Agreement” means an Agreement concluded by MBI TV Telecom with a Customer which is in excess of a one month period, as selected by the Applicant under the Application Form, and which for any avoidance of doubt will be limited in the case of a Consumer, to a maximum period of 2 (two years) together with any renewed period or term as requested by the Consumer in accordance with options granted by MBI TV Telecom to the Consumer as per the provisions of section 14 of the CPA;;

“Initial Period” means the number of months which the Customer has selected under the Application Form under the line item “contract period“ for which the Agreement will run, which period will start running on the Connection date;;

“Individual Consumer” means a Consumer who is natural person;;

“Interest rate” means the interest rate determined by MBI TV Telecom from time to time levied on any outstanding amounts due to MBI TV Telecom which will not exceed the maximum rate allowed under the National Credit Act, 34 of 2005 and provided that the said rate shall be uniformly applied to all amounts outstanding and due

“Invoice” shall mean the notification of Charges sent to the Customer setting out all amounts due and owing to MBI TV Telecom by the Customer in respect of the MBI TV Telecom Services and/or where applicable, the Selected SE;;

“Migration” means the Customer’s election to change the MBI TV Telecom Services and or Selected SE received under the Agreement to another, which if accepted by MBI TV Telecom will give rise to a review and amendment of the Charges;;

“Minimum Service Standards” means the minimum service standards for end users and subscribers set by the Authority (ICASA), housed under the Act, titled Regulations Setting Out The Minimum Standards For End-­User And Subscriber Service Charters, GNR.774 of 24 July 2009, Government Gazette no 32431, as amended or replaced from time to time;;

“Month to Month Agreement” means the Agreement, which has been concluded between MBI TV Telecom and the Customer, which will run on a month to month basis and which is capable of being terminated by either party on 1 (one) month written notice, which option the Customer has selected under the Application Form under the line item “contract period”, or being the default contract term once a fixed term agreement between MBI TV Telecom and the Customer has expired, which the Customer chose not to renew or cancel;;

“Office hours” means MBI TV Telecom’s normal business hours, as determined by MBI TV Telecom from time to time, currently being Monday to Friday, 8h00 to 17h00, but excluding public holidays;;

“Private branch exchange (PBX) switching unit” means a telephone-­switching unit installed on the Customer’s premises, or intended for such an installation, that is capable of being connected to an Electronic Communications Network by means of one or more exchange connections. Such a unit functions as an intermediary switching device for traffic between exchange Connections and extension circuits of the PBX (extensions), or between those extensions;;

“Private electronic communications network” or “PECN” means an electronic communications network used primarily for providing electronic communications for the owner’s own use as envisaged in Section 6 (2) (c) of the Act;;

“Parties” means collectively, MBI TV Telecom and the Customer;;

“Personal Data” means all personal details conveyed to MBI TV Telecom by the Applicant/Customer such as his/her identity, whereabouts, credit levels, financial status, earning capabilities, family members, likes, preferences and dislikes, which are required in order to process the application and required to determine current and future customer requirements;;

“Regulations” means any regulations promulgated in terms of section 95 of the Act;;

“Renewal period” means the additional number of months which the Parties have agreed to renew the Agreement for, as set out under the Renewal Addendum/ Application Form, which period will start on the day following the last day of the Initial Period, where applicable;;

“Renewal Addendum” means the renewal agreement concluded by the Parties, which sets out the additional terms applicable to the Renewal period;;

“RICA” means the Regulation of Interception of Communication and Provision of Communication Regulated Information Act 70 of 2002, as amended/replaced from time to time, and its related provisions, which apply to MBI TV Telecom and to the Customer;;

“SE” means the equipment used by Customers to access, use or receive electronic communications services or the MBI TV Telecom Services and as defined in section 1 of the Act;;

“Selected SE” means the equipment used by Customers to access, use or receive electronic communications services or the MBI TV Telecom Services and as defined in section 1 of the Act, which SE is leased or purchased by the Customer from MBI TV Telecom in terms of the Agreement;;

“Standard terms and conditions” means the standard terms and conditions as described in this Agreement and any annexures or amendments thereto and the word “conditions” shall bear the same meaning;;

“Tariff List” means the list of Charges levied by MBI TV Telecom in respect of the MBI TV Telecom Services and where applicable the Selected SE, as amended from time to time, and payable to MBI TV Telecom by the Customer;;

“MBI TV Telecom” means MBI TV and Video Services, Registration number 1999/003182/23, a public company incorporated in terms of the Laws of the Republic of South Africa;;

“MBI TV Telecom Services” means the electronic communication services, as selected by the Customer under the Application Form, which MBI TV Telecom will provide to the Customer in terms of the Agreement;;

“TECN” means the electronic communications network used by MBI TV Telecom to render electronic communications services in terms of MBI TV Telecom’s Individual Electronic Communications Service Licence and “Network” shall have the same meaning;; and

“Terminal connection equipment” or “TCE” means the electronic communications equipment and/or electronic communication facility on which MBI TV Telecom terminates Electronic Communication Service(s).

The Customer is to note that the provisions of the Electronic Communications and Transactions Act, 25 of 2002 (ECTA) shall apply, the Parties expressly agreeing:

  1. that where a provision of the Agreement requires that a document must be signed or initialled, that signing or initialling may be effected in any manner recognised by law, including the use of an electronic signature, as defined in ECTA;; MBI TV Telecom/ in this regard will take reasonable measures to prevent the use of the Consumer’s electronic signature for any purpose other than the signing or initialling of the particular document that the consumer intended to sign or initial;; and
  2. that where anything is required to be in writing, unless expressly stipulated to the contrary by MBI TV Telecom, any electronic communication, including an SMS, telephonic call or electronic message such as an email, exchanged between the Parties, will meet this requirement.

The Customer is to note that when a particular number of days is provided for between the happening of one event and another, the number of days must be calculated by:-­

  1. excluding the day on which the first such event occurs;;
  2. including the day on or by which the second event is to occur;; and
  3. excluding any public holiday, Saturday or Sunday that falls on or between the days contemplated in clauses 17.1 and 1.7.2, respectively.

 

AGREEMENT TO CONTRACT AND APPLICATION OF THESE TERMS AND CONDITIONS

This clause confirms that you, the Customer, have asked MBI TV Telecom to provide you with certain electronic communication services and equipment, which you selected when you completed the Application Form. MBI TV Telecom has agreed to provide you with the selected services and equipment, but these will be provided on condition that you will comply with the terms and conditions set out under the Agreement.

The Customer accepts and agrees that the terms and conditions set out under the Agreement will become binding on it once MBI TV Telecom has processed the Application Form and agreed to provide the Customer with the MBI TV Telecom Services and where applicable, the Selected SE.

MBI TV Telecom reserves the right to amend these terms and conditions from time to time. MBI TV Telecom will give written notice to each Consumer of such amendments and will place the amended terms and conditions on the MBI TV Telecom website www.mbitv-telecom.co.za and file such amended terms and conditions with the Authority, if required by law, which amendment will be deemed to be incorporated into the Agreement and bind the Customer from the date that the amendment has been filed with the Authority or published on MBI TV Telecom’s website.

Where, as a result of any amendment anticipated under clause 2.2, a Consumer is of the view that such amendment is to its detriment;; the Consumer may terminate the Agreement without penalty provided that it gives MBI TV Telecom 20 (twenty) Business days’ notice in writing of its election to terminate the Agreement. Where a Consumer terminates the Agreement as per his rights under this clause 2.3, such termination will be WITHOUT PENALTY, SAVE WHERE THE CONSUMER HAS BEEN GIVEN OR HAS PURCHASED BUT NOT YET PAID FOR, SELECTED SE. IN SUCH A CASE THE CONSUMER WILL HAVE A LEGAL DUTY AND MBI TV TELECOM WILL HAVE A LEGAL RIGHT TO DEMAND FROM THE CONSUMER, FULL PAYMENT IN RESPECT OF THE SELECTED SE, LESS ANY AMOUNTS WHICH HAVE ALREADY BEEN PAID TO MBI TV TELECOM IN RESPECT THEREOF PRIOR TO SUCH TERMINATION.

 

PROCESSING OF PERSONAL INFORMATION, RIGHTS TO PRIVACY AND RICA

Although MBI TV Telecom respects you, the Customer’s privacy and to this end your right not to have your personal data misused or distributed to other persons, you, the Customer have to comply with the provisions of RICA, which is a law which requires that bodies such as MBI TV Telecom verify your details before they are able to provide you with a communication service or device. This clause sets out MBI TV Telecom’s undertaking to protect and respect your personal data and not to misuse it. It also sets out your undertaking to comply with RICA.

MBI TV Telecom at any time reserves the right to make general credit reference enquiries about the Customer and to check the correctness of the information that has been supplied. MBI TV Telecom shall also be entitled to furnish any information relating to the Customer’s account and compliance with these conditions to any registered credit bureau.

THE CUSTOMER WARRANTS AND REPRESENTS THAT ALL INFORMATION SUPPLIED BY IT IS TRUE, CORRECT AND COMPLETE AND INDEMNIFIES AND HOLDS MBI TV TELECOM HARMLESS AGAINST ALL CLAIMS, OF WHATSOEVER NATURE, THAT ARISE, DIRECTLY OR INDIRECTLY, AS A RESULT OF ANY INCORRECT INFORMATION BEING FURNISHED.

MBI TV Telecom will use the Customer’s information strictly in accordance with the Regulations promulgated in terms of Section 69 of the Act and undertakes to process and use the Customer personal data only for the purpose for which it has been collected and undertakes that this processing will be carried out in accordance with any notice, consent or other requirement which may be required by any applicable law in force in South Africa from time to time. MBI TV Telecom furthermore will use the Customer’s information strictly in accordance with the provisions housed under its MBI TV Telecom Individual Communications Service License.

The Customer accepts that RICA applies to the MBI TV Telecom Services, SE and / or the Selected SE, which the Customer has requested MBI TV Telecom to provide it with under this Agreement, and agrees that it must, where applicable, comply with the relevant requirements of RICA, including, without generalising:

  1. to provide MBI TV Telecom with all required Personal Data and other details which MBI TV Telecom is required to obtain from the Customer, in terms of section 39 and 40 of RICA. An extract of these sections is attached as Schedule “A”;;
  2. not to transfer the MBI TV Telecom service or SE/ Selected SE to another person, other than a family member or dependant without providing MBI TV Telecom with the Personal Data and other details of the person who is taking over the MBI TV Telecom service or SE/ Selected SE.

THE CUSTOMER ACKNOWLEDGES AND ACCEPTS THAT WHERE IT DOES NOT COMPLY WITH THESE PROVISIONS THAT THIS WILL AMOUNT TO A MATERIAL BREACH BY THE CUSTOMER OF THIS AGREEMENT WHICH WILL ALLOW MBI TV TELECOM TO CANCEL THE AGREEMENT AND TO CLAIM DAMAGES AS A RESULT OF THE CANCELLATION.

The Customer also acknowledges and accepts that where it does not comply with the provisions set out under clause 3.4, that this will be a breach of RICA and this will give rise to a possible criminal charge and sanction being imposed against the Customer as per the requirements of RICA.

 

DURATION, RENEWAL AND TERMINATION FOR NO CAUSE

The clause sets out how long the Agreement will run for and your rights to cancel the Agreement.

 

Duration of the Agreement and renewal rights

Notwithstanding the Connection date, the Agreement will start on the Commencement date and will carry on for either the Initial Period or on a Month to Month basis, as selected by the Customer under the Application Form and for any Renewal Period, where renewed by the Customer, save for where the Agreement is terminated earlier by either of the Parties in accordance with their respective rights set out under this clause 4 or clause 11 of the Agreement.

On expiration of the Initial Period, the Customer will have the right to terminate the Agreement by giving MBI TV Telecom written notice of its election to terminate the Agreement or enter into a Renewal Addendum or complete a new Application Form, which Renewal Addendum or Application Form will set out the Renewal Period, and the applicable terms and conditions pertaining to such renewal. MBI TV Telecom will notify Individual Customers, who have concluded a fixed term agreement with MBI TV Telecom, not more than 80 nor less than 40 business days prior to the date of expiry of the Initial Period of the impending expiry of their fixed term agreement as per Section 14(2) (c) of the Consumer Protection Act, 2008.

Should a Customer fail to notify MBI TV Telecom of its election to terminate or renew the Agreement, and more in particular where a Consumer fails to notify MBI TV Telecom of its election to either terminate or renew the Agreement as permitted under Section 14 of the CPA, then the Agreement will continue on a month to month basis on the same terms and conditions as contained under the Agreement except for the adjustment of the charges associated with the month to month term and subject always to any variations in accordance with the Tariff List. Any month to month Agreement as envisaged in terms of this clause may be terminated by either party by giving 1 (One) months written notice to the other party.

 

Cancellation or variation of the MBI TV Telecom Services or Selected SE before the Connection date

WHERE THE CUSTOMER CANCELS OR VARIES ANY OF THE MBI TV TELECOM SERVICES, AND / OR THE SELECTED SE AS SELECTED UNDER THE APPLICATION FORM, WHICH CANCELLATION IS NOT AS A RESULT OF ANY BREACH ON THE PART OF MBI TV TELECOM, BEFORE THE CONNECTION DATE, IN WHOLE OR IN PART, MBI TV TELECOM WILL HAVE THE RIGHT TO CHARGE THE CUSTOMER ALL ABORTIVE COSTS WHICH MBI TV TELECOM HAS INCURRED AS A RESULT OF THE CANCELLATION OR VARIATION, WHICH AMOUNT SHALL BE PAYABLE BY THE CUSTOMER ON DEMAND.

 

Termination of a Fixed Term Agreement by an Individual Consumer for no cause

Where an Individual Consumer has concluded a Fixed Term Agreement, the Individual Consumer will have the right to terminate the Fixed Term Agreement, for no particular reason or cause, at any time, provided the Consumer gives MBI TV Telecom at least 20 (Twenty) Business days written notice of its election to terminate the Agreement, WHICH TERMINATION WILL BE SUBJECT TO PAYMENT OF A REASONABLE CANCELLATION FEE, WHICH WILL BE DETERMINED AND CALCULATED AT THE TIME WHEN THE NOTICE TO TERMINATE IS GIVEN BY THE CONSUMER, USING THE GUIDELINES SET OUT UNDER SECTION 14 AND REGULATION 5(2) OF THE CPA.

Should the Individual Consumer elect to terminate the Agreement earlier than anticipated, as envisaged and permitted under clause 4.3.1, I.E. BEFORE THE EXPIRATION OF THE INITIAL PERIOD, then on receipt of the termination notice, MBI TV Telecom will advise the Individual Consumer of the amounts which are still owed to it, namely all the arrears amounts owing to MBI TV Telecom in terms of the Agreement up to date of termination;; and the cancellation fee, as determined by MBI TV Telecom as per the provisions of clause 4.3.1.

The Individual Consumer will pay MBI TV Telecom the amounts referred to under clause 4.3.2 by the Due date indicated on the Invoice setting out the arrears amounts and the cancellation fee.

 

INSTALLATIONS AND PROVISION OF THE MBI TV TELECOM SERVICES

This clause sets out the type and quality of MBI TV Telecom Services and where applicable the Selected SE which MBI TV Telecom has agreed to provide you, the Customer with, who bears the risk of any misuse of the MBI TV Telecom Services and Selected SE and what will happen when the MBI TV Telecom Services are interrupted due to events/incidents which is beyond MBI TV Telecom’s control. It also covers your right to change the MBI TV Telecom Service, and MBI TV Telecom’s right to change your number or the MBI TV Telecom Services and or the Selected SE where required.

 

Installation of MBI TV Telecom Services, SE and use of unauthorised Devices

The MBI TV Telecom Service, including any Basic telephone service, is exclusive of any required SE, unless the Customer has expressly, under the Application Form, requested that MBI TV Telecom provide it with the Selected SE. The Selected SE will be either leased or sold to the Customer at the prices, fees or rates set out under the Tariff List or as notified by MBI TV Telecom to the Customer.

WHERE ANY SE IS REQUIRED FOR THE USE AND ENJOYMENT OF THE MBI TV TELECOM SERVICES WHICH IS NOT PROVIDED BY MBI TV TELECOM, THE CUSTOMER WILL BE RESPONSIBLE FOR INSTALLING SUCH SE AT ITS OWN RISK, COST AND EXPENSE.

MBI TV Telecom shall install the Connections required for the use of the MBI TV Telecom Services and where applicable, the Selected SE at the Customer’s premises as set out under the Application Form, as requested by the Customer, against payment of the relevant installation fee and deposit, if applicable, as set out in the Tariff List or as quoted by MBI TV Telecom.

MBI TV Telecom shall make reasonable endeavours to meet the installation date as requested by the Customer. However it is a condition of the Agreement that MBI TV Telecom gives no undertakings that it will be able to meet any installation date requested by the Customer, the Customer accepting that MBI TV Telecom will install the Connections required for the use of the MBI TV Telecom Services and where applicable the Selected SE when it is in a position to do so, which will depend on the availability of spares, parts and service providers or MBI TV Telecom contractors, whatever the case may be.

MBI TV Telecom will give the Customer notice of the installation date once it has received the Selected SE and secured the services of its MBI TV Telecom contractors and service providers for the purposes of installing the Connections and selected SE.

MBI TV Telecom will ensure that it complies with all installation requirements set out under the Minimum Standard in so far as installation of the Connections and the Selected SE is concerned.

MBI TV Telecom’s duty to physically install the Connections required for the use of the MBI TV Telecom Services and where applicable the responsibility to install the Selected SE or SE will terminate once the Connections and where applicable the Selected SE or SE have been supplied, installed and the Customer is able to receive, via the Selected SE, the MBI TV Telecom Services.

Only SE that has been type approved by the Authority may be used in conjunction with the MBI TV Telecom Service, which SE must have all the technical and operational characteristics and modifications of the type that has been approved.

If the SE is modified, it may not be used in conjunction with the MBI TV Telecom Service until such time that the Authority has approved the modification.

MBI TV TELECOM RESERVES THE RIGHT TO DISCONNECT FROM THE TECN OR NETWORK AND SUSPEND OR TERMINATE THE MBI TV TELECOM SERVICE, WHERE ANY SE THAT HAS NOT BEEN APPROVED BY THE AUTHORITY OR THAT HAS BEEN LICENSED OR APPROVED BUT HAS BEEN MODIFIED WITHOUT THE APPROVAL OF THE AUTHORITY IN TERMS OF SECTION 35 OF THE ACT HAS BEEN USED IN CONNECTION WITH THE MBI TV TELECOM SERVICES OR WHERE THE SE HAS BEEN INCORRECTLY INSTALLED OR CONNECTED TO THE CONNECTIONS AND THE CUSTOMER INDEMNIFIES MBI TV TELECOM AGAINST ANY LIABILITY, LOSS OR DAMAGE WHICH MBI TV TELECOM AND/OR THE CUSTOMER MAY INCUR AS A RESULT OF THE UNLAWFUL OR INCORRECT USAGE OF SUCH SE OR THE INCORRECT INSTALLATION OF THE SE, WHAT EVER THE CASE MAY BE.

Owing to traffic considerations, the connection of any SE, other than a standard telephone instrument, to party-­line services is not permitted, unless otherwise agreed by MBI TV Telecom and subject to any conditions which may be laid down and applied by MBI TV Telecom, from time to time.

A PBX switching unit may only be connected to the TECN, if it has been installed, or modified after installation, and/or commissioned by MBI TV Telecom or by a person duly licensed by the Authority to install, modify, and/or commission such equipment, as the case may be.

Where the Customer has requested that MBI TV Telecom provides it with an international private circuit, MBI TV Telecom will be responsible for providing the half circuit terminating in the TECN. The Customer is responsible, at its own cost, expense and risk, for placing a matching order with the relevant service provider for the other half of the circuit terminating abroad. The Customer may request MBI TV Telecom to provide the full circuit on a one-­stop-­shopping basis, at the rates quoted to the Customer on a case-­by-­case basis.

If the Customer is not the owner of the premises where the MBI TV Telecom Service and / or where applicable the Selected SE is to be installed, the Customer must prior to any installation by MBI TV Telecom, AT ITS OWN COST AND EXPENSE, OBTAIN WRITTEN PERMISSION FROM THE OWNER OF SUCH PREMISES FOR ANY SUCH INSTALLATION AND THE CUSTOMER INDEMNIFIES MBI TV TELECOM AGAINST DAMAGES OR CLAIMS RESULTING FROM THE FAILURE TO OBTAIN SUCH PERMISSION INCLUDING ALL AND ANY ABORTIVE COSTS WHICH MAY HAVE TO BE INCURRED BY MBI TV TELECOM SHOULD MBI TV TELECOM HAVE TO REMOVE ANY CONNECTIONS AND / OR THE SELECTED SE FROM THE PREMISES.

The Customer must at its own cost and expense provide suitable and adequate electrical power supply as may be required for the proper functioning of the Connections and the Selected SE or SE.

THE CUSTOMER MUST AT ITS OWN COST AND EXPENSE ENSURE THAT OPTIMUM ENVIRONMENTAL CONDITIONS AS MAY BE REQUIRED FOR THE PROPER MANAGEMENT AND/OR FUNCTIONING OF THE CONNECTIONS AND THE SELECTED SE OR SE ARE PROVIDED, SUCH AS ADEQUATE VENTILATION, LIGHTING AND WALL/RACK SPACE.

 

Printed Directories

Where the MBI TV Telecom Service or Selected SE is either a telephone or a telex service provided by MBI TV Telecom, MBI TV Telecom shall provide at no charge, an entry in the relevant Directory for the area in which the Selected MBI TV Telecom Service is provided, which shall comprise in an abbreviated format, the Customer’s name, address and service number.

Where the Customer in writing requests that its details are not included in the Directory, MBI TV Telecom will ensure that the Customer’s information is excluded from the Directory and the directory enquiry service.

If the Customer indicates in its order that its details should appear in the Directory, MBI TV Telecom may make the details available in the directory enquiry services before or after publication of such a Directory.

 

Use of the MBI TV Telecom Services, SE and related equipment

The provision of any MBI TV Telecom Service to the Customer does not confer on the Customer any right to use the MBI TV Telecom Service, the Selected SE or any element thereof, or to make them available to other parties, for purposes for which a licence or licence exemption is required under the Act, unless the Customer where applicable, and required in terms of the Act, has been granted such a licence or licence exemption, and such a licence or licence exemption is in effect.

The Customer agrees to only use the MBI TV Telecom Services and the Selected SE or SE approved by the Authority and to comply with all relevant legislation applicable to the use of the MBI TV Telecom Services, Selected SE, and SE, including, without limitation, any licence or licence exemption that may be required in terms of the Act, and to use the MBI TV Telecom Service in accordance with such licence, the Act, the Regulations, any applicable and relevant legislation and any notices or directives issued by the Authority from time to time.

The Customer will ensure and warrants that the TECN, the MBI TV Telecom Services, the Selected SE, or the SE shall not be used for improper, immoral or unlawful purposes.

The Customer shall not resell capacity on any communications facility obtained from MBI TV Telecom including the MBI TV Telecom Services and Selected SE, or cede or assign his/her rights to use the aforementioned services and equipment or any element thereof or otherwise part control of them, without MBI TV Telecom’s written consent.

  • The Customer shall not do anything or omit to do anything or allow anything to be done or omitted which infringes or may infringe MBI TV Telecom’s rights as set out in the Act and MBI TV Telecom’s licence conditions.

The Customer must at all times whilst this Agreement is in place:

  1. comply with any instructions issued by MBI TV Telecom which concern the Customer’s use of the MBI TV Telecom Services, the Selected SE, the SE, MBI TV Telecom’s facilities or matters related thereto, and which may be required to ensure the satisfactory provision of the MBI TV Telecom Services as a whole, or to protect the integrity of the TECN, or to deal with emergencies;;
  2. provide MBI TV Telecom with all information relating to the Customer’s use of the MBI TV Telecom Services and Selected SE, the SE, the MBI TV Telecom facilities or facilities or premises where the MBI TV Telecom Services are installed and being used and any other matters related thereto that MBI TV Telecom may reasonably require from time to time;; and which may be required to ensure the satisfactory provision of the MBI TV Telecom Service, to protect the integrity of the TECN, or to deal with emergencies;; and
  3. allow MBI TV Telecom free access to his/her premises during reasonable hours to install, inspect, maintain or remove the Connection, SE or Selected SE.

Where an exchange connection or group of exchange connections rented by the Customer is used to such an extent that the number of calls to such lines cannot be completed because of engaged conditions become such that it causes an undue overload of the exchange, MBI TV Telecom will notify the Customer in writing of the need to increase the number of exchange connections by a specified amount. Where the Customer fails to allow the installation of the additional exchange connections indicated in the notification MBI TV Telecom may suspend the MBI TV Telecom Service, until such time as the Customer has made contact with MBI TV Telecom and has made arrangements for the installation of additional exchange connections.

MBI TV TELECOM TAKES NO RESPONSIBILITY FOR THE QUALITY OF THE MBI TV TELECOM SERVICE, WHICH MAY RESULT FROM ANY CIRCUMSTANCES AS ENVISAGED IN TERMS OF THIS CLAUSE.

Where the Customer rents an electronic communications service for the purpose of a PECN, such service may only be used to:

  1. provide communications between two SE’s (Selected or otherwise) within that PECN;; or
  2. receive communications from outside the PECN onto any  SE (Selected or otherwise) within the PECN (break-­in);; or
  3. originate a communication from any SE (Selected or otherwise) within the PECN to any SE (Selected or otherwise) located outside of the PECN (break-­out).

The switching of a call from outside the PECN, into the PECN and then subsequently breaking-­out to the SE (Selected or otherwise) located outside the PECN, on the same communication, is prohibited, unless the Customer has an appropriate licence or licence exemption that permits such switching via a PECN.

Customers not licensed, or exempted from licensing, to provide switching via the PECN are obliged to ensure that suitable barring, to MBI TV Telecom’s satisfaction, of the SE (Selected or otherwise) is put in place so as to prevent break-­in and break-­out on the same communication.

If, in any building where MBI TV Telecom must install the MBI TV Telecom Service, no conduit-­pipes are available for MBI TV Telecom’s use, MBI TV Telecom may, at its discretion:

  1. refuse to provide the MBI TV Telecom Service in that building or in any part thereof until such conduit-­pipes or other facilities have been so installed;; or
  2. quote an installation cost in respect of the required conduit-­ pipes, and if accepted by the Customer, install at the Customer’s cost the required conduit-­pipes or other facilities.

 

Failure and unavailability of the MBI TV Telecom Services or Selected SE

WHILST MBI TV TELECOM OPERATES THE TECN/NETWORK, MBI TV TELECOM HEREBY EXPRESSLY ADVISES THE CUSTOMER THAT MBI TV TELECOM DOES NOT OPERATE IN ISOLATION BUT INSTEAD RELIES ON FUNCTIONALITIES, EQUIPMENT AND/OR INFRASTRUCTURE WHICH ARE PROVIDED BY A NUMBER OF SERVICE PROVIDERS WHO PROVIDE SEPARATE BUT INTERRELATED AND CONNECTED SERVICES WHICH AS A WHOLE, ALLOWS THE TECN/NETWORK, THE SELECTED SE AND SE TO FUNCTION. THESE SERVICE PROVIDERS OPERATE AS INDEPENDENT SERVICE PROVIDERS WHO ARE NOT NECESSARILY CONTRACTED BY MBI TV TELECOM AND THE CUSTOMER ACCEPTS AND ACKNOWLEDGES THIS FACT.

WHILST MBI TV TELECOM WILL COMPLY WITH AND MEET THE MINIMUM SERVICE STANDARDS AND USE ITS BEST ENDEAVOURS TO ENSURE THAT THE MBI TV TELECOM SERVICES AND ANY SELECTED SE ARE OPERATIONAL AT ALL TIMES, MBI TV TELECOM DOES NOT WARRANT THAT THE MBI TV TELECOM SERVICES WILL BE OPERATIONAL ON A 24 (TWENTY FOUR) HOUR 365 (THREE HUNDRED AND SIXTY FIVE) DAYS PER YEAR BASIS, THIS BEING DUE TO THE NATURE OF THE TELECOMMUNICATIONS INDUSTRY AND THE NETWORK, WHICH IS DEPENDENT ON THE ACTIONS AND/OR INPUT OF A NUMBER OF INDEPENDENT SERVICE PROVIDERS WHOM MBI TV TELECOM HAS NO DIRECT CONTROL OVER.

MBI TV Telecom will use its best endeavours to notify the Customer in advance of any failure of, or interruption to the MBI TV Telecom Services/ Selected SE or the Connections and where applicable any required maintenance and repairs which may result from such failure, interruption or unavailability, where MBI TV Telecom is in a position to do this.

MBI TV TELECOM IN ADDITION EXPRESSLY ADVISES AND THE CUSTOMER ACKNOWLEDGES AND ACCEPTS THAT THE CERTAIN SELECTED SE ARE NOT MANUFACTURED BY MBI TV TELECOM, BUT ARE MANUFACTURED BY THIRD PARTIES. IN MOST CASES, DUE TO THE PROVISIONS OF THE ACT READ TOGETHER WITH THE AUTHORITY CODE OF PRACTICE AND GUIDELINES, MBI TV TELECOM WILL NOT BE IN A POSITION TO OPEN CERTAIN SELECTED SE OR TO TEST OR OPERATE THE SELECTED SE BEFORE THEY ARE HANDED TO THE CUSTOMER IN ORDER TO ENSURE THAT THEY ARE FIT FOR PURPOSE AND / OR ARE INTACT.

IN LIGHT OF THE DISCLOSURES HOUSED UNDER CLAUSES 5.4.1-­ 5.4.4 MBI TV TELECOM EXPRESSLY STIPULATES AND THE CUSTOMER ACKNOWLEDGES THAT MBI TV TELECOM CANNOT WARRANT OR GUARANTEE THAT THE MBI TV TELECOM SERVICES AND / OR THE SELECTED SE WILL:

  1. AT ALL TIMES BE FREE OF ERRORS OR INTERRUPTIONS;;
  2. ALWAYS ARE AVAILABLE;;
  3. BE FIT FOR ANY PURPOSE;;
  4. NOT INFRINGE ON ANY THIRD PARTY RIGHTS;;
  5. BE SECURE AND RELIABLE,

SAVE WHERE THE MBI TV TELECOM SERVICES, THE CONNECTIONS AND / OR SELECTED SE ARE FOUND TO BE DEFECTIVE AND SUCH DEFECT HAS BEEN SOLELY CAUSED BY MBI TV TELECOM AS ANTICIPATED UNDER SECTIONS 54, 55 AND 56 OF THE CPA, WHERE APPLICABLE.

1 54. Consumer's rights to demand quality service

1) When a supplier undertakes to perform any services for or on behalf of a consumer, the consumer has a right to—

(a) the timely performance and completion of those services, and timely notice of any unavoidable delay in the performance of the services;; 

(b) the performance of the services in a manner and quality that persons are generally entitled to expect;;

(c) the use, delivery or installation of goods that are free of defects and of a quality that persons are generally entitled to expect, if any such goods are required for performance of the services;; and

(d) the return of any property or control over any property of the consumer in at least as good a condition as it was when the consumer made it available to the supplier for the purpose of performing such services, having regard to the circumstances of the supply, and any specific criteria or conditions agreed between the supplier and the consumer before or during the performance of the services.

(2) If a supplier fails to perform a service to the standards contemplated in subsection (1), the consumer may require the supplier to either— 
(a) remedy any defect in the quality of the services performed or goods supplied;; or
(b) refund to the consumer a reasonable portion of the price paid for the services performed and goods supplied, having regard to the extent of the failure.

 

2 55. Consumer's rights to safe, good quality goods

1) This section does not apply to goods bought at an auction, as contemplated in section 45.

2) Except to the extent contemplated in subsection (6), every consumer has a right to receive goods that— 

(a) are reasonably suitable for the purposes for which they are generally intended;;

(b) are of good quality, in good working order and free of any defects;;

(c) will be useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply;; and

(d) comply with any applicable standards set under the Standards Act, 1993 (Act No. 29 of 1993), or any other public regulation.

3) In addition to the right set out in subsection (2)(a), if a consumer has specifically informed the supplier of the particular purpose for which the consumer wishes to acquire any goods, or the use to which the consumer intends to apply those goods, and the supplier—

(a) ordinarily offers to supply such goods;; or

(b) acts in a manner consistent with being knowledgeable about the use of those goods,

the consumer has a right to expect that the goods are reasonably suitable for the specific purpose that the consumer has indicated.

4) In determining whether any particular goods satisfied the requirements of subsection (2) or (3), all of the circumstances of the supply of those goods must be considered, including but not limited to—

(a) the manner in which, and the purposes for which, the goods were marketed, packaged and displayed, the use of any trade description or mark, any instructions for, or warnings with respect to the use of the goods;;

(b) the range of things that might reasonably be anticipated to be done with or in relation to the goods;; and 

(c) the time when the goods were produced and supplied.

5) For greater certainty in applying subsection (4)—

(a) it is irrelevant whether a product failure or defect was latent or patent, or whether it could have been detected by a consumer before taking delivery of the goods;; and 

(b) a product failure or defect may not be inferred in respect of particular goods solely on the grounds that better goods have subsequently become available from the same or any other producer or supplier.

6) Subsection (2)(a) and (b) do not apply to a transaction if the consumer—

(a) has been expressly informed that particular goods were offered in a specific condition;; and

(b) has expressly agreed to accept the goods in that condition, or knowingly acted in a manner consistent with accepting the goods in that condition.




3 56. Implied warranty of quality

.—(1) In any transaction or agreement pertaining to the supply of goods to a consumer there is an implied provision that the producer or importer, the distributor and the retailer each warrant that the goods comply with the requirements and standards contemplated in section 55, except to the extent that those goods have been altered contrary to the instructions, or after leaving the control, of the producer or importer, a distributor or the retailer, as the case may be.

(2) Within six months after the delivery of any goods to a consumer, the consumer may return the goods to the supplier, without penalty and at the supplier's risk and expense, if the goods fail to satisfy the requirements and standards contemplated in section 55, and the supplier must, at the direction of the consumer, either—

(a) repair or replace the failed, unsafe or defective goods;; or

(b) refund to the consumer the price paid by the consumer, for the goods.

(3) If a supplier repairs any particular goods or any component of any such goods, and within three months after that repair, the failure, defect or unsafe feature has not been remedied, or a further failure, defect or unsafe feature is discovered, the supplier must—

(a) replace the goods;; or

(b) refund to the consumer the price paid by the consumer for the goods.

(4) The implied warranty imposed by subsection (1), and the right to return goods set out in subsection (2), are each in addition to— (a)any other implied warranty or condition imposed by the common law, this Act or any other public regulation;; and

(b) any express warranty or condition stipulated by the producer or importer, distributor or retailer, as the case may be.


      1. Notwithstanding the provisions of clause 5.4.5 above, MBI TV Telecom will use its best endeavours to notify the Customer in advance of any failure of, or interruption to the MBI TV Telecom Services Connections and / or the Selected SE and where applicable any required maintenance and repairs which may result from such failure, interruption or unavailability, where MBI TV Telecom is in a position to do so.
      2. MBI TV TELECOM AND THE CUSTOMER AND MORE IN PARTICULAR THE CONSUMER CONFIRM THAT THE PROVISIONS HOUSED UNDER CLAUSE 5.4 EXPRESSLY SET OUT THE THAT THE SELECTED SE AND THE MBI TV TELECOM SERVICES ARE SOLD OR OFFERED IN A SPECIFIC CONDITION. IN LIGHT OF THE ABOVE DISCLOSURES, WHICH ARE PERMITTED UNDER SECTION 54(1) OR 55 (6) OF THE CPA, THE CUSTOMER AND MORE IN PARTICULAR THE CONSUMER, ACKNOWLEDGES THAT IT WILL NOT BE ALLOWED TO:
        1. withhold any amounts due and owing to MBI TV Telecom;; or
        2. deduct any monies,
in respect of "dropped" or discontinued calls and/or connections or any temporarily unavailability of the MBI TV Telecom Services, the Connections or the Selected SE, including as an example, extra traffic on the Network, excessive use by users or technical problems which result in line congestion, fatigue and the general unavailability of the Network, except and to the degree that MBI TV Telecom is solely responsible for any such unavailability, or failure and in such case the Customer’s remedies will be limited, at the Customer’s election, to either having the defect remedied by MBI TV Telecom or the right to receive a refund from MBI TV Telecom of any reasonable portion of the price paid for the Selected MBI TV Telecom Services which have not been performed or which have not been available, having regard to the extent of the failure.
        1. Furthermore, where the Connections or the Selected SE are defective, or faulty, then in such an event the Consumer’s rights will be limited to those set out under clause 8.

 

Change in numbers due to reasons beyond MBI TV Telecom’s control

Notwithstanding anything to the contrary contained in the Agreement, the Customer acknowledges that it does not own the telephone number that is allocated to it in respect of the MBI TV Telecom Service or Selected SE, which number is owned by the Authority and which has been allocated to MBI TV Telecom as per the provisions of the Act.

Number reserved.

MBI TV Telecom reserves the right to change any number within the existing numbering plan, code, password, user identity or name allocated by MBI TV Telecom from time to time for use in connection with the MBI TV Telecom Services, the Selected SE or SE which change has been necessitated by the Authority who owns the number range and/or where MBI TV Telecom may have to change the aforementioned numbers if it changes its technology and/or due to other operational requirements and/or where a customer moves to another location which falls within a different exchange area and this necessitates a change to the numbering scheme. Adequate notice where possible will be provided to the Customer of the number change, the reasons therefore and the new number.

MBI TV TELECOM WILL NOT BE LIABLE TO THE CUSTOMER OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE OR COSTS (DIRECT, CONSEQUENTIAL OR OTHERWISE) WHICH MAY BE INCURRED IN CONSEQUENCE OF ANY CHANGE TO THE NUMBER AS ANTICIPATED AND SET OUT UNDER CLAUSE 5.5.1 AND CLAUSE 5.5.3.

 

Customer’s right to request an outdoor transfer of the MBI TV Telecom Service or selected SE

Where the Customer requests and puts in an the application for the outdoor transfer of an existing MBI TV Telecom Service to a different building or premises, such application will be treated as:

an order to terminate the service at the existing building or premises subject to the payment of the unexpired portion of the Fixed Term Agreement in the case of a Customer who is not a Consumer and where the Customer is a Consumer a cancellation fee determined in accordance with section 14 read together with Regulation 5 of the CPA;; and

an order for the provision of a new service at a different building or premises subject to the payment of the applicable Charges, set out under the Tariff List.

 

Customer’s right to a Migration of   Selected MBI TV Telecom Service or Selected SE Equipment

The Customer has the right to amend and/or vary the MBI TV Telecom Service or Selected SE, which it is receiving under the Agreement, which election, where accepted by MBI TV Telecom is known as a “Migration”.

Any request by a Customer to migrate, will be subject to the following conditions:

  1. ANY MIGRATION WILL BE AT MBI TV TELECOM’S SOLE DISCRETION AND WHERE SUCH MIGRATION HAS BEEN PERMITTED, THIS WILL BE SUBJECT TO THE PAYMENT BY THE CUSTOMER OF ANY APPLICABLE MIGRATION CHARGES, LEVIED BY MBI TV TELECOM, WHICH CHARGES ARE DETAILED UNDER THE TARIFF LIST OR AS ADVISED BY MBI TV TELECOM;;
  2. any Migration will be subject to the Customer signing a new MBI TV Telecom agreement;; and
  3. any Migration will take effect at the end of the calendar month following the conclusion of the new MBI TV Telecom agreement and payment of the Migration charges, whichever is the later.

 

Bundled service offerings

Should the MBI TV Telecom Service or Selected SE incorporate bundled elements, as selected by the Customer, the following conditions shall apply to such bundled elements:

  1. all elements used after the depletion of the bundled elements shall be charged at the current out of bundle rate as set out in the Tariff List;; and
  2. specific conditions pertaining to the carryover of unused elements shall be explained separately for each individual product in the Tariff List.

 

Risk in, Theft and Loss of MBI TV Telecom Connections, Selected SE and equipment

Whenever any Connections, MBI TV Telecom equipment and in particular the Selected SE is lost, stolen or destroyed, the Customer must immediately notify MBI TV Telecom and any police official at any police station in writing that the Connections, Selected SE and or any other MBI TV Telecom equipment has been lost, stolen, misplaced or destroyed.

RISK IN AND TO THE USE OF THE MBI TV TELECOM SERVICE, THE CONNECTIONS AND SELECTED SE WILL PASS TO THE CUSTOMER ON THE DATE OF DELIVERY TO THE CUSTOMER’S PREMISES. MBI TV TELECOM RESERVES THE RIGHT TO HOLD THE CUSTOMER LIABLE FOR THE COST TO REPLACE THE CONNECTIONS, SELECTED SE AND OR ANY OTHER MBI TV TELECOM EQUIPMENT, REGARDLESS OF THE CAUSE OF ANY SUCH LOSS OR DESTRUCTION.

 

Maintenance of the MBI TV Telecom Services and Selected SE

The MBI TV Telecom Service, any Connection or Selected SE used by the Customer will be deemed to be in good working order until MBI TV Telecom is advised otherwise.

Unless clauses 5.10.5 or 5.10.6 apply, or save where expressly stated to the contrary, the costs in respect of any repair and/or maintenance of the Connections and MBI TV Telecom Service, will be incurred and covered by MBI TV Telecom and will be deemed to be included in the Charges levied in respect of the MBI TV Telecom Service.

MBI TV Telecom will attend to faults reported by the Customer during Office hours, and will apply its reasonable endeavours to have the affected Connections and / or MBI TV Telecom Service restored in the shortest possible time, and in line with the standards set down under the Minimum Service Standards. The Customer may, however, request that a fault be attended to immediately. MBI TV Telecom in this regard will apply its reasonable endeavours to do so, subject to the provisions of clause 5.10.5.

The Customer is responsible for maintaining all Selected SE or SE, used in connection with the MBI TV Telecom Service, unless MBI TV Telecom has agreed to provide maintenance for the Selected SE, which will be charged out at the rate set out under the Tariff List or as advised by MBI TV Telecom.

IF THE CUSTOMER REQUESTS THAT A FAULT BE ATTENDED TO IMMEDIATELY, AND WHERE MBI TV TELECOM IS IN A POSITION TO DO SO, AND IF THE WORK    REQUIRED, REQUIRES THAT REPAIR WORK BE CARRIED OUT AFTER OFFICE HOURS, MBI TV TELECOM MAY CHARGE AN AFTER-­HOURS MAINTENANCE CHARGE APPLICABLE TO THE SPECIFIC SERVICE, AS DETERMINED BY MBI TV TELECOM FROM TIME TO TIME.

IF MBI TV TELECOM DETERMINES THAT THE FAULT REPORTED BY THE CUSTOMER WAS CAUSED BY THE CUSTOMER OR BY ANY SE OR BY ANY SELECTED SE WHICH MBI TV TELECOM HAS NOT AGREED TO COVER, IN TERMS OF THE AGREEMENT THE CUSTOMER WILL BE LIABLE FOR PAYMENT OF THE RELEVANT CALL-­OUT CHARGES, AS DETERMINED BY MBI TV TELECOM FROM TIME TO TIME.

 

CHARGES AND PAYMENT

This clause sets out the Charges which MBI TV Telecom is entitled to levy in respect of the use of the MBI TV Telecom Services and Selected SE which you, the Customer, have asked MBI TV Telecom to provide you with, its right to ask for a deposit and set credit limits and how the invoice will be paid by yourself once you receive it.

In return for the supply of and access to the MBI TV Telecom Services and the Selected SE, the Customer agrees and undertakes to pay to MBI TV Telecom the Charges as per the Tariff List or as advised by MBI TV Telecom and as set out under the Invoice.

For the avoidance of doubt any Invoice, which will be submitted to the Customer, will set out and detail the following Charges, where applicable:

  1. installation charge: the installation charge, and any other introductory charges which will be charged during the first month of the Agreement and levied as a once off initial charge in respect of the connection of the MBI TV Telecom Services and the Selected SE;;
  2. reconnection charge: levied, where the Customer‘s right to use the MBI TV Telecom Services and Selected SE is suspended due to non-payment, and which fee is in respect of any restoration of the MBI TV Telecom Service or Selected SE, which fee is payable in advance, together with any outstanding amounts which are due to MBI TV Telecom and any deposit which MBI TV Telecom requests to be paid;;
  3. service charges: levied on each occasion for the provision of miscellaneous services requested by the Customer;;
  4. rental charges: levied periodically, usually on a monthly basis, in respect of the use and availability of the MBI TV Telecom Services and Selected SE and subject to a minimum rental period of one calendar month. Rental charges are payable in advance for the first and any subsequent rental period, with effect from the Connection date;;
  5. maintenance charges: levied periodically, usually on a monthly basis, or on performance, depending on the type of maintenance contract, for maintenance of the MBI TV Telecom Services and or Selected SE that MBI TV Telecom has contracted to provide to the Customer and which are not covered by the rental charge, which amounts are payable in advance for the first and any subsequent maintenance period, as from the date on which the maintenance contract is signed, or as performed, as the case may be;;
  6. cancellation fee: levied to recover any costs incurred by MBI TV Telecom in respect of the Customer electing to terminate the Agreement as per the provisions of clauses 4.2, 4.3 and 5.6 where applicable;;
  7. call/usage charges: levied on the use of the MBI TV Telecom Service or on any element thereof, where such use is metered. Calls are metered from the moment that a connection is established up until the moment it is terminated. Call charges are billed to the Customer at the end of each billing period and are payable on the due date of the Invoice;;
  8. Abortive costs: levied to recover abortive costs incurred by MBI TV Telecom in relation to the provision or maintenance of services. These will include, without limitation, the recovery of costs including any cost relating to the de-­installation of the service (or any element or part thereof) that may result from changes to an application before the service is provided, or for work to repair faults caused by non-­MBI TV Telecom equipment. Abortive Costs are billed to the Customer at the end of the billing period in which they are incurred and are payable on the due date of the Invoice;;
  9. interest on overdue amounts: any amount due by the Customer to MBI TV Telecom not paid on or before the Due date indicated on the Invoice, shall bear interest at the Interest rate, compounded monthly, calculated from the date of issue of the Invoice until date of actual payment thereof.
  10. migration costs: levied in respect of any agreement reached by the Parties in respect of a Migration by the Customer;; and
  11. VAT: value added tax levied on the Charges as required under the Value Added Act 89 of 1991.

 

Deposits, set off and unpaid accounts

MBI TV Telecom shall be entitled to levy and collect from the Customer the payment of a deposit, as determined by MBI TV Telecom in its sole discretion, and communicated to the Customer when MBI TV Telecom accepts the Customer’s application and agrees to provide the Customer with the MBI TV Telecom Services and Selected SE, where applicable, which will be a pre-­condition for providing the MBI TV Telecom Services and Selected SE. The deposit is to serve as security for payment of any amounts set out under the Invoice which are due to MBI TV Telecom by the Customer, but not paid on Due date.

Where any amounts due to MBI TV Telecom by the Customer, are not paid on Due date, MBI TV Telecom shall have the right, without prejudice to any of its rights, to:

  1. suspend the MBI TV Telecom Services and use of the Selected SE, and give the Customer 20 (Twenty) days’ notice to pay all arrears/outstanding amounts which suspension will stay in place until the Customer has paid all arrears amounts and Interest in full;;
  2. use the deposit (where one has been paid) to settle any amount due to MBI TV Telecom by the Customer together with interest thereon at the Interest rate, and
  3. demand from the Customer:
    1. the payment of a deposit where none has been paid;;
    2. payment of an additional or an increased deposit;; and
    3. payment of a reconnection charge,

as determined by MBI TV Telecom as a pre-­condition for restoring the MBI TV Telecom Services.

 

Billing

MBI TV Telecom will periodically provide the Customer, usually on a monthly basis, with an account, which constitutes a statement in respect of the MBI TV Telecom Services and where applicable, in respect of the use of the Selected SE, and an Invoice for the amounts payable by the Customer. The invoice will at the Customer’s election be sent by electronic means (email/MMS/etc) at no charge to the customer or by mail, which may attract reasonable additional charges.

Detailed billing is available to the Customer and will be provided on request against the payment of the applicable service charge set out under the Tariff List.

Where MBI TV Telecom notices that there is a significant increase in call/usage charges since the Customer’s last Invoice, MBI TV Telecom may, at its own discretion, issue to the Customer an Invoice outside the normal billing cycle, and/or demand immediate payment of any amounts due by the Customer in respect of such Invoice.

MBI TV Telecom reserves the right to round a fraction of 1c (one cent) off to the nearest 5c (five) cent.

In the event that a faulty condition in the TECN which prevents an accurate determination of the number of units on which the call charges are determined for a billing period, the call charge for the period in question shall be set as the average call charge for the preceding 6 (six) billing periods (or lesser billing periods if the MBI TV Telecom Service has been provided for a shorter time).

The Invoice rendered by MBI TV Telecom to the Customer is on the face of it, and until the contrary is proved, (prima facie) proof of the amount due by the Customer to MBI TV Telecom. The Customer is, however, entitled to query or dispute any element of the Invoice in accordance with the provisions set out under clause 10. All undisputed portions of the Invoice must, however, be paid by the Due date.

If MBI TV Telecom determines that the disputed amount is in error, MBI TV Telecom shall reverse the amount incorrectly debited, on the Customer’s next Invoice. Should MBI TV Telecom, however, determine and inform the Customer that the disputed amount was billed correctly, such, payment together with interest at the Interest rate shall be paid by no later than the Due date of the next Invoice.

 

Payments

The Customer is liable for the payment of all Charges as reflected in the Invoice, extraordinary Invoice or interim Invoice, as the case may be.

All monies payable by the Customer to MBI TV Telecom shall be paid at the election of the Customer by cash, by way of monthly debit order, by way of an EFT or any available payment channel, which payment by whatever mode must be made timeously on or before the Due date as set out under the Invoice, free of deduction or set-­off to MBI TV Telecom at its principal place of business or to MBI TV Telecom’s bankers, which details are stated under the Invoice.

Non-­receipt of an Invoice by the Customer shall not be considered as a valid reason for late or non-­payment.

The Customer shall be liable and responsible for payment until payment has been received into MBI TV Telecom’s bank account.

The Customer shall be in breach of the Agreement by cancelling any debit order without the prior written consent of MBI TV Telecom or where any debit order or cheque payment is returned unpaid or stopped or should any charge card account or credit card account of the Customer be rejected. In such case MBI TV Telecom will have the right to suspend the Customer’s account until such arrears amounts together with interest thereon at the Interest rate have been received and paid in full.

        1. The Customer may pay an Invoice by means of a credit card to the maximum amount set for a single account, as determined by MBI TV Telecom from time to time.
        2. Where more than one MBI TV Telecom Service is provided to the Customer and the Customer is in arrears with the payment for any of these services, MBI TV Telecom may use any credit balance on any of the services to set off against or to settle the amounts that are in arrears.

 

Changes to Charges

MBI TV Telecom shall be entitled in line with the Act and or any Regulation to increase and/or reduce any of the amounts reflected under the Tariff List from time to time.

Any increase as per clause 6.6.1 will be given to the Customer in writing at its appointed address for service. Whilst MBI TV Telecom shall use its best endeavours to give the Customer timeous notice of any such changes, any such increase or decrease will be displayed on the MBI TV Telecom Website under the revised Tariff List with effect from the date of such increase or decrease.

A Consumer will have the right to terminate the Agreement without penalty or charge where it is not in agreement with any such increases provided that it gives MBI TV Telecom 20 (Twenty) Business days’ notice of its election to cancel the Agreement. WHERE A CONSUMER TERMINATES THE AGREEMENT AS PER HIS RIGHTS UNDER THIS CLAUSE 6.6.3 SUCH TERMINATION WILL BE WITHOUT PENALTY, SAVE WHERE THE CONSUMER HAS BEEN GIVEN OR HAS PURCHASED BUT NOT YET PAID FOR, SELECTED SE. IN SUCH A CASE THE CONSUMER WILL HAVE A LEGAL DUTY AND MBI TV TELECOM WILL HAVE A LEGAL RIGHT TO DEMAND FROM THE CONSUMER, FULL PAYMENT IN RESPECT OF THE SELECTED SE, LESS ANY AMOUNTS THAT HAVE ALREADY BEEN PAID TO MBI TV TELECOM IN RESPECT THEREOF PRIOR TO SUCH TERMINATION.

 

Credit Limit

MBI TV Telecom reserves the right to impose a monetary limit on the maximum value of Charges incurred by the Customer during each billing period and MBI TV Telecom shall be entitled after the Customer has been given 20 (Twenty) days’ notice of such overspend and which the Customer has not responded to, to suspend the MBI TV Telecom Services should the Customer exceed the maximum amount.

 

RISK AND OWNERSHIP

This section details when risk and ownership in the MBI TV Telecom Service and Selected SE will pass to you, the Customer.

    1. Ownership in and to the MBI TV Telecom Services and the Selected SE, where applicable, will remain vested in MBI TV Telecom unless the Customer has bought and paid for in full, the Selected SE.
    2. Notwithstanding the provisions of clause 7.1, risk in and to the MBI TV Telecom Services and the Selected SE will pass to the Customer on the date of delivery of the Connections and the Selected SE to the Customer’s premises, including risk of loss, theft, destruction or damage.

 

DEFECTS, LIABILITY, WARRANTIES, REPAIRS AND SUSPENSION OF THE MBI TV TELECOM SERVICE

The section details what you need to do if the Selected SE is defective and how they have to be returned to MBI TV Telecom and the circumstances when MBI TV Telecom will replace them and / or when you will receive a refund.

 

Consumer’s Implied Warranty On Selected SE

In light of the disclosures housed under clauses 5.4, MBI TV Telecom expressly stipulates and the Consumer acknowledges that MBI TV Telecom provides the Selected SE in a sealed package and hence it will not have been able to ascertain if the Selected SE is free from defect or in good order and condition. In other words MBI TV Telecom cannot warrant or guarantee that the Selected SE will at all times be available, suitable for the intended purpose, are of good quality and in good working order, free of defects, free of errors or interruptions, fit for any purpose, do not infringe on any third party rights, or that they are secure and reliable.

Notwithstanding the above exclusions, should the Selected SE including the software and battery used in connection with the Selected SE, fall short of the standards set out under section 55(2) of the CPA, and such defect or fault becomes apparent within 6 (Six) months after the Selected SE has been delivered by MBI TV Telecom to the Consumer, then the Consumer must immediately notify MBI TV Telecom of the defect and /or failure and bring the Selected SE to a nominated MBI TV Telecom repair centre.

No return will be accepted by MBI TV Telecom unless the Consumer returns the complete unit of the Selected SE including packaging, accessories (including but not limited to CD’s containing software, manuals, AC Adapter (charger) and any other inclusive part of the Selected SE) and can and does provide proof of purchase of the Selected SE from MBI TV Telecom, which must be in the form of a sales record or Invoice.

On return of the Selected SE, the Consumer must:

  1. describe what caused the Selected SE to malfunction or to stop functioning;; and
  2. allow the MBI TV Telecom representative to inspect the Selected SE for physical damage and/ or signs of liquid damage.

Further to clause 8.3, the acceptance of the returned SE by MBI TV Telecom is subject to the following terms and conditions:

  1. the Selected SE will be sent to the MBI TV Telecom technical centre for further examination, and analysis, which will take no longer than 3 (Three) weeks or such a longer period as notified by MBI TV Telecom;;
  2. acceptance of the Selected SE is on behalf of the manufacturer and is not an admission of liability by MBI TV Telecom, or MBI TV Telecom acting on behalf of its suppliers or manufacturers, that the Selected SE is defective or that it is not in accordance with the standards as set out in section 55(2) of the CPA;;
  3. MBI TV Telecom will notify the Consumer as soon as is reasonably possible and within the prescribed period set out under sub clause 8.5.1.1 read together with the periods set out under the Minimum Service Standards of the results of any inspection and/or analysis and the cause of the defect and/or failure and whether the MBI TV Telecom or the manufacturer of the Selected SE accepts responsibility or not for such defect and or failure.

Where on inspection it has been found that the Selected SE is not in accordance with the standards set out in section 55(2) of the CPA as the case may be, then MBI TV Telecom, either itself, or on behalf of the supplier and / or manufacturer of the Selected SE will either, at the option of the Consumer:

  1. repair or replace the failed, unsafe or defective part of the Selected SE;; or
  2. instead, at the election of the Consumer, refund to the Consumer the price paid by the Consumer, for the returned Selected SE, less any reasonable Usage charges.

Where any returned Selected SE are found to fall outside of the minimum warranty period set out under section 55(2) of the CPA where applicable, then the supplier, manufacturer and in particular MBI TV Telecom will have no further responsibility or liability in relation to the returned Selected SE, save that it has the right to offer to repair, at the Consumer’s cost, the Selected SE and subject further to the following conditions:

  1. any acceptance of the Selected SE for repairs and maintenance will be done on or under the condition that MBI TV Telecom is acting as an agent on behalf of the manufacturer or local supplier of the Selected SE;; and
  2. MBI TV Telecom will not be liable for any loss, damage, destruction, theft or negligent workmanship howsoever or by whomsoever caused to the Selected SE whilst under the manufacturer or local supplier’s control who is performing the repair or maintenance work;; and
  3. the costs of any such maintenance or repair work, which will be quoted for before commencement of the service and or repair work, will once accepted by the Consumer, be for the Consumer’s account.

 

Customer’s warranty on Selected SE

Where clause 8.1 does not apply, because the Customer is not a Consumer, as defined, and where the Customer is of the view that the Selected SE is faulty, then the Customer must immediately notify MBI TV Telecom of the extent of the defect and /or failure.

Upon receipt of the complaint MBI TV Telecom will notify the Customer where to take the faulty Selected SE for the purposes of inspecting the Selected SE, which is faulty or defective.

The acceptance of any returned goods by MBI TV Telecom in terms of this clause 8.2.3, is subject to the following terms and conditions:

  1. the Selected SE will be sent to the MBI TV Telecom technical centre for further examination, and analysis, which will take no longer than 3 (Three) weeks or such a longer period as notified by MBI TV Telecom;;
  2. acceptance of the Selected SE is on behalf of the manufacturer and is not an admission of liability by MBI TV Telecom, or MBI TV Telecom acting on behalf of its suppliers or manufacturers, that the Selected SE is defective;;
  3. MBI TV Telecom will notify the Customer as soon as is reasonably possible and within the prescribed period set out under sub clause 8.2.3.1 of the results of any inspection and/or analysis and the cause of the defect and/or failure and whether MBI TV Telecom or the manufacturer accepts responsibility or not for such defect and/or failure;;
  4. Where on inspection it has been found that the Selected SE is defective and is covered under the manufacturer’s warranty, then MBI TV Telecom will submit on behalf of the Customer to the supplier and / or manufacturer the defective Selected SE for repair and/or replacement as per the standard manufacturer’s warranty;;
  5. Where any returned Selected SE are found to fall outside of the manufacturer’s warranty, then the supplier, manufacturer and in particular MBI TV Telecom will have no further responsibility or liability in relation to the returned Selected SE.

 

Suspension and Withdrawal of the Selected MBI TV Telecom Service and or Selected SE

MBI TV Telecom may from time to time, and on notice where this is possible, or without notice where this is not possible, suspend the MBI TV Telecom Service and where applicable the right to use the Selected SE, or in its discretion disconnect the Selected SE from the TECN in any of the following circumstances:

  1. for modifications to, or planned maintenance of the TECN;;
  2. for routine maintenance of international facilities;;
  3. if the Customer has failed to pay any amounts due to MBI TV Telecom by Due date as reflected in the Invoice;;
  4. where the MBI TV Telecom Services are suspended or discontinued as a result of 3rd parties experiencing problems on their infrastructure which has affected or disrupted the MBI TV Telecom Service;;
  5. where certain MBI TV Telecom Services are being abused by the Customer or by customers in general;; and/or
  6. where the MBI TV Telecom Service or Selected SE is found to contain a security risk or shortcoming which enables the Customer to exploit the MBI TV Telecom Service to the detriment of MBI TV Telecom;;

The Customer accepts that the rights to suspend the MBI TV Telecom Services and or Selected SE are necessary in order to protect the interest of both the Customer and MBI TV Telecom and that during such period of suspension, despite the fact that limited or no MBI TV Telecom Services will be available, that it will nonetheless in the case of the circumstances set out under clauses 8.3.1.3, 8.3.1.5, or 8.3.1.6 remain liable for all Charges due and set out under any Invoice which may be levied by MBI TV Telecom during the period of suspension.

No interruption of the MBI TV Telecom Service referred to under clause 8.3.1 shall be deemed to have occurred during any modifications and/or maintenance window or any authorised suspension of a service and the Customer acknowledges that it shall have no claim against MBI TV Telecom in respect of all or any of the interruptions described under clause 8.3.1, save that the Customer will in the case of the circumstances set out under clauses 8.3.1.1, 8.3.1.2, and 8.3.1.4 be entitled to receive a reduction of the Charges levied by MBI TV Telecom on a pro rata basis, taking into consideration the length and severity of the suspension or unavailability.

MBI TV Telecom may from time to time, and on notice where this is possible, or without notice where this is not possible, and without prejudice to any other claims or remedies, which MBI TV Telecom may have in terms hereof or in law, discontinue or terminate any part of the MBI TV Telecom Service and where applicable the right to use the Selected SE, or in its discretion disconnect the Selected SE from the TECN in any of the following circumstances:

  1. where the MBI TV Telecom Service or Selected SE is found to contain a defect which enables the Customer to exploit the MBI TV Telecom Service to the detriment of MBI TV Telecom;;
  2. where the MBI TV Telecom Service or Selected SE has reached the end of its lifespan and is uneconomical to maintain or continue;;
  3. where it is unduly burdensome and/or unfeasible for MBI TV Telecom to provide such services, or
  4. where there has been an insignificant interest in the use of a particular MBI TV Telecom Service or Selected SE;; and/or
  5. in response to an instruction from the Authority or in terms of the Act or some other law or body the MBI TV Telecom Service or Selected SE or SE is discontinued.
  6. where the Customer uses SE that is not approved by the Authority for such use;;
  7. if the Customer has received the MBI TV Telecom Service as a result of fraud or misrepresentation;;
  8. if the Customer uses in connection with the MBI TV Telecom Service, SE that belongs to MBI TV Telecom but which the Customer has obtained illegally;;
  9. if the Customer makes or offers to make any arrangement or composition with its creditors or commits any act of insolvency in terms of the Insolvency Act or any other applicable legislation;;
  10. if the Customer does or allows to be done any act or omission, which in MBI TV Telecom’s opinion will or may have the effect of negatively affecting the operation of the MBI TV Telecom Service or the TECN;;
  11. if the Customer is using, or permitting the use of the MBI TV Telecom Service or any element thereof for any illegal purpose or in contravention of the Act, CPA and/or any act of Parliament;;
  12. if MBI TV Telecom has been instructed to do so by any authority competent to issue such instruction;;
  13. where the MBI TV Telecom Service is provided as a dedicated private international circuit, MBI TV Telecom may terminate the service immediately where any remote portion of the circuit is suspended or terminated by the foreign service provider;;
  14. for any other reason incidental to 8.3.4.1 -­ 8.3.4.14 inclusive.
      1. The Customer accepts that the rights to terminate or discontinue the Services and or Selected SE are necessary in order to protect the interest of both the Customer and MBI TV Telecom and that where any such Service or Selected SE is discontinued that the Customer will be entitled to receive a reduction of the Charge levied by MBI TV Telecom pro rata to such discontinuation or termination.
      2. Where a MBI TV Telecom Service or Selected SE is discontinued or suspended, as per this clause 8.3 then the Customer agrees that it will not:
        1. withhold any amounts which are or which may become due and owing to MBI TV Telecom;;
        2. deduct any monies from the Charges, save for the amounts which MBI TV Telecom may agree to as per the provisions of clause 8.3.5 above;; and/ or
        3. demand any refund, or bring any action for damages or otherwise against MBI TV Telecom, in respect of any such discontinued service.

 

LIMITED LIABILITY AND INDEMNITY

This section sets out MBI TV Telecom’s liability in respect of the MBI TV Telecom Services, the Selected SE or the SE, which you, the Customer, should take careful note of.
    1. MBI TV Telecom assumes no responsibility for the integrity, correctness, retention or content of information transported via the TECN.
    2. MBI TV Telecom is not liable for any damages or loss suffered by the Customer as a result of any entry, incorrect entry or omission of an entry in the Directory, which is beyond MBI TV Telecom’s control.
    3. LIABILITY FOR DAMAGES CAUSED BY MBI TV TELECOM WHICH ARISES OR OCCURS AS A RESULT OF THE USE, INSTALLATION, MAINTENANCE OR REMOVAL OF THE MBI TV TELECOM CONNECTIONS, SERVICES, SELECTED SE AND SE WILL BE SUBJECT TO THE PROVISIONS OF SECTION 61 OF THE CONSUMER PROTECTION ACT. THE CONSUMER IN THIS CASE WILL BE ALLOWED TO AVAIL ITSELF TO THE PROVISIONS HOUSED UNDER SECTION 61 OF THE CPA SO LONG AS THE CONSUMER IS ABLE TO SHOW THAT THE MBI TV TELECOM CONNECTIONS, SERVICES, SELECTED SE OR SE WERE OR ARE DEFECTIVE AND THAT SUCH DEFECT GAVE RISE TO THE LOSS OR DAMAGE BUT SUBJECT ALWAYS TO THE DEFENSES PERMISSIBLE AND AVAILABLE TO MBI TV TELECOM AND ITS SERVICE PROVIDERS UNDER SECTION 61 OF THE CPA.
    4. SUBJECT TO THE PROVISIONS OF CLAUSE 9.3 ABOVE, MBI TV TELECOM SHALL NOT BE LIABLE TO THE CUSTOMER OR ANY OTHER PERSON WHOMSOEVER, UNDER ANY CIRCUMSTANCES WHATSOEVER, OR INCUR ANY LIABILITY FOR ANY LOSS OR DAMAGES TO THE CUSTOMER OR ANY OTHER PERSON OR USER;; WHICH ARISES OR OCCURS AS A RESULT OF THE USE OF, OR ARISING OUT OF THE PROVISION OF, THE CONNECTIONS;; THE MBI TV TELECOM SERVICES;; THE SELECTED SE;; THE SE;; OR THE INSTALLATION, MAINTENANCE OR REMOVAL OF THE CONNECTION, THE MBI TV TELECOM SERVICES, SELECTED SE OR SE, AND WHETHER SUCH CLAIM, ACTION OR DAMAGE IS DIRECT OR INDIRECT, CONSEQUENTIAL OR CONTINGENT AND IN PARTICULAR MBI TV TELECOM SHALL NOT BE LIABLE FOR ANY:

LOSS OF LIFE,

      1. INJURY,
      2. MEDICAL EXPENSES,
      3. SUPPORT,
      4. FINANCIAL LOSS OR FINANCIAL SUPPORT,
      5. LOSS OF EARNINGS,
      6. LOSS OF PROFIT AND/OR INCOME,
      7. LOSS OF REVENUE,
      8. LOSS OF BUSINESS OR GOODWILL, OR
      9. ANY OTHER SPECIAL DAMAGES,

INCURRED BY THE CUSTOMER, ANY USER OR ANY OTHER PERSON WHO MAY BE USING THE MBI TV TELECOM SERVICES, SE, SELECTED SE OR THE CONNECTIONS, HOWSOEVER ARISING, AND THE CUSTOMER INDEMNIFIES MBI TV TELECOM AGAINST ANY CLAIM OR ACTION, AS DESCRIBED ABOVE, WHICH MAY BE BROUGHT BY ANY PERSON IN THIS REGARD.

    1. MBI TV Telecom only provides access to the Internet. MBI TV Telecom does not operate or control the information, services, opinions or other content of the Internet, and MBI TV Telecom makes no warranties or representation regarding any such information, services, opinions or other content. The Customer agrees that it shall make no claim whatsoever against MBI TV Telecom relating to the content of the Internet or respecting any information, product, service or software ordered through or provided by virtue of the Internet. MBI TV Telecom reserves the right to take measures as may be necessary, in MBI TV Telecom’s sole discretion, to ensure security and continuity of service on the MBI TV Telecom network, including but not limited to identification and blocking or filtering of internet traffic sources which MBI TV Telecom deems to pose a security risk or operational risk or a violation of its acceptable use policy. In addition, the Customer understands that MBI TV Telecom does not own or control other third party networks outside of the MBI TV Telecom network, and MBI TV Telecom is not responsible or liable for filtering or access restrictions imposed by such networks or for the performance (or non-performance) within such networks or within interconnection points between MBI TV Telecom network and other third party networks.
    2. The provision of the MBI TV Telecom Internet access is further subject to the Internet Terms and Conditions as well as the acceptable use policy as available on the MBI TV Telecom web site (www.mbitv-telecom.co.za)
    3. The Customer is responsible for maintaining the security of its internal network from unauthorised access through the Internet. MBI TV Telecom shall not be liable for unauthorised access to the Customer’s network or other breaches of the Customer’s network security.
    4. The limitation on liability set out above is addition to any limitation of liability set out elsewhere under the Agreement.

 

  • CUSTOMER ASSISTANCE, COMPLAINTS AND DISPUTES

This section sets out how you, the Customer, can contact MBI TV Telecom for assistance and how you must lodge a complaint, should one arise.
    1. MBI TV Telecom provides Customer care to all Customers during Office hours, excluding times when it is unable to assist due to reasons beyond its reasonable control.
    2. The Customer must, once it experiences any trouble with any of the MBI TV Telecom Services and/or Selected Customer Equipment bring the suspected problem to MBI TV Telecom’s attention by contacting the relevant Customer care office at the number listed on the Invoice and website. The suspected problem will then be logged and detailed, and the Customer will be provided with a reference number.
    3. MBI TV Telecom will use its best endeavours to attend to the complaint as soon as it is possible, which will depend on the complexity and nature of the suspected problem, as logged, as well as resource/manpower availability, but subject always to the minimum service standards set out under the Minimum Service Standards.
    4. Where a Customer is of the view that the matter has not been resolved to the satisfaction of the Customer, the Customer will have the right to elevate the matter to the Authority, which can be done by contacting either:
      1. the complaints website  http://www.icasa.org.za and selecting the tab “complaints”;; or
      2. by email at Customers@icasa.org.za.
    5. The above rights set out under clauses 10.1 to 10.4 are without prejudice to both parties’ respective rights to pursue a complaint or action in any other forum, which has jurisdiction over the matter including the rights to submit the complaint, dispute or action to the National Consumer Commission or to arbitration.

 

BREACH AND TERMINATION

This section sets out what will happen when one of the parties to the Agreement fails to comply with the terms and conditions, which is known as a breach of the agreement which will allow the party who has not breached the agreement to cancel the Agreement and claim damages.
    1. Should the Customer breach any term of this Agreement including any failure to pay MBI TV Telecom any monies on Due date, then MBI TV Telecom shall give the Customer 20 (Twenty) Business Days’ notice to rectify the breach. Should the Customer neglect or fail to rectify the breach within the 20 (Twenty) Business Days’ notice period, then MBI TV Telecom will have the right to either suspend or to cancel the Agreement, without prejudice (meaning to preserve your respective rights and positions) to MBI TV Telecom’s rights to claim all and any damages which MBI TV Telecom has incurred in consequence of such breach.
    2. Should MBI TV Telecom breach any material term of this Agreement, then the Customer will have the right to provide MBI TV Telecom with a letter requiring MBI TV Telecom to rectify the breach within a period of 20 (Twenty) Business Days. Should MBI TV Telecom neglect or fail to rectify such breach within the 20 (Twenty) Business Days’ notice period, then the Customer may cancel the Agreement, which will be without prejudice (meaning to preserve your respective rights and positions) to the Customer’s rights to claim any damages which it may have incurred in consequence of MBI TV Telecom’s breach.
    3. Should the Customer be sequestrated, liquidated, MBI TV Telecom shall be entitled to immediately cancel this Agreement upon notice to the Customer.
    4. The Customer agrees that MBI TV Telecom may register the details of the manner in which payments have been conducted by it or its agent, with any registered credit bureau.
    5. The Customer shall be liable for all costs, including legal costs on an attorney and client scale, and tracing cost and collection commission incurred by MBI TV Telecom in respect of the enforcement of any obligations of the Customer in terms of this Agreement and in the case of a Consumer, subject to the provisions housed under Regulation 44 (3) (aa) of the CPA.
    6. Without prejudice to any other claims or remedies which MBI TV Telecom may have against the Customer in terms of this Agreement or in law, MBI TV Telecom may on 20 (Twenty) Business Days’ notice terminate the Agreement if the Customer has delayed the installation of the Selected MBI TV Telecom Service for longer than 3 (Three) months and hold the Customer liable for all and any abortive costs incurred by MBI TV Telecom in this regard.

 

  • CONSEQUENCES OF ANY TERMINATION

This section sets out what will happen when the Agreement is cancelled.
    1. After termination of the Agreement for whatever reason,
      1. MBI TV Telecom may delete any entries of the Customer set out under the Directory;;
      2. MBI TV Telecom may, on reasonable notice and in the Customer’s presence enter the Customer’s premises to remove the Selected SE and / or Connection, which is owned by MBI TV Telecom;; and
      3. the Customer will remain liable for and will pay on demand all charges and/or costs out-­ standing at the time of termination, or accrued thereafter as a result of the termination.

 

LEGAL ADDRESS FOR SERVICE (DOMICILIUM AND NOTICES)

This section sets out the addresses of each party where the other party can serve legal documents and notices on the other.
    1. The parties choose the addresses set out below as their chosen place to receive legal notices (domicilium citandi et executandi)
      1. MBI TV Telecom at: Shop 31 Spruitview Shopping Centre, Spruitview, Germiston, 1431, Gauteng, South Africa. and
      2. the Customer at the physical or residential address specified in the Application Form.
    2. All notices given in terms of this Agreement shall be in writing.

 

UNDERTAKING AS A SURETY AND CO-­PRINCIPAL DEBTOR

This section states that where MBI TV Telecom requires a person to provide a surety, where the Customer is a company or legal entity, that in such case, the person who signs the agreement on behalf of the legal entity will be held responsible for the payment of all amounts due to MBI TV Telecom, should the Customer fail to pay these amounts. This is known as a surety undertaking. If the Customer is a company, close corporation, trust or a division or any other entity with juristic personality, then the signatory who signs on behalf of the Customer warrants that he is duly authorised to enter into this Agreement on behalf of the Customer and, if applicable, to sign the debit authorization on the Customer’s bank account. MBI TV Telecom may require a surety by a person representing a company, close corporation, trust or a division or any other entity with juristic personality if the Customer’s credit assessment requires such surety and in such case the person signing will bind himself as co-­principal debtor for the Customer in favour of MBI TV Telecom for the fulfilment of all of the Customer’s obligations to MBI TV Telecom arising out of the Agreement including the payment of all charges, fees, penalties and liquidated damages.

 

GENERAL

The details below are all general in content and should be read and considered carefully.
  • Consumer status

In consequence of the recently released CPA, certain rights have been granted to a Customer who is a Consumer, as defined under the CPA. MBI TV Telecom reserves the right to withhold any of these rights and / or resultant benefits until such time as the Customer is able to prove to MBI TV Telecom, which proof may be in the form of a set of Financial statements or an identity document, that it is a Consumer / and or in the case of a right which it is wanting to exercise under section 14 of the CPA, that it is an Individual Consumer. Where the Customer is unable to show that it is a Consumer or Individual Consumer, in such an event MBI TV Telecom reserves the right to reverse or call for restitution (a refund) of any rights or benefits which are permitted under the CPA and which the Customer has unlawfully taken advantage of.

 

  • Customer details and changes thereto

The Customer agrees to supply MBI TV Telecom with such information, documentation and signatures that MBI TV Telecom may reasonably require at the time that the Agreement is concluded, in order to give effect to the payment arrangements of the Agreement. Any subsequent changes that affect the information supplied to MBI TV Telecom such as bank account, legal service address referred to under clause 13 and credit card details must be brought to the immediate attention of MBI TV Telecom by the Customer in writing.

 

  • Cession

MBI TV Telecom shall be entitled to transfer (cede) its rights and/or to delegate its obligations arising from the Agreement and/or (hand over) assign the Agreement, wholly or partly, to any third party and it will give the Customer reasonable notice of this fact. The Customer shall not be entitled to cede, assign, encumber or delegate his obligations arising out of the Agreement without the prior written consent of MBI TV Telecom, which will not be unreasonably withheld.

 

  • Variation and Amendment

Subject to and save where the right to amend the Agreement, has been specifically mentioned under the Agreement, neither party may vary the terms of the Agreement unless the other party agrees to such variation and the variation is reduced to writing and signed by both parties.

 

  • Whole Agreement

This document read with the relevant application form (which is deemed incorporated herein by reference), contains the sole and entire record of the Agreement between the parties. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein or otherwise created by operation of law and no indulgence, leniency or extension of time which either party (“the grantor”) may grant or show to the other, shall in any way prejudice the grantor or preclude the grantor from exercising any of its rights in the future.

 

  • Authority

Where MBI TV Telecom is represented by any duly authorised representative, MBI TV Telecom’s authority need not be proved.

 

  • Duplicate and scanned version in place of original

The Customer agrees that the Application Form and the Agreement, in particular the face page may be scanned and the paper version destroyed, and agrees to the scanned version and waives his right to dispute the authenticity of the scanned version.

 

  • Unsolicited marketing and right to opt out

 

The Customer understands that, in terms of section 45 of the Electronic Communications, Transactions Act 25 of 2002, and Protection of Personal Information Act (when enacted) the Customer and in terms of the provisions of the CPA in the case of a Consumer, the Consumer or the Customer has the option to request MBI TV Telecom to remove its relevant contact particulars from its data base in respect of direct marketing and / or unsolicited commercial and/or marketing communications by MBI TV Telecom.

 

  • Severability

In the event of any one or more of these terms and conditions being unenforceable, these clauses will be deleted and severed from the remainder of the Agreement, which will nevertheless continue to apply, be binding and enforceable.

 

  • Acts of God

Except as specifically provided under the Agreement, MBI TV Telecom shall not be liable to the Customer for any breach of these conditions or failure to perform any obligation as a result of any force majeure (event beyond its reasonable control) event, including but not limited to technical problems relating to the TECN/Network, acts of God, Government controls, restrictions or prohibitions or any other Government act or omission, whether local or national, any act or default of any supplier, agent or sub-­ contractor, industrial disputes, strikes, lockouts or work stoppages of any kind or any other similar or dissimilar cause, in so far as these are beyond MBI TV Telecom’s reasonable control.

 

  • Indulgence and relaxing

The failure of MBI TV Telecom to enforce at any time the Agreement or any part thereof, or any right with regard thereto, must in no way be construed to be a waiver of the provision of the Agreement or to be an estoppel or novation or in any way to affect the validity of the Agreement. Any indulgence towards the Customer or the relaxing of the provisions of the Agreement must not prejudice the right of MBI TV Telecom to insist on the strict compliance by the Customer of its undertakings and obligations in terms of the Agreement.

 

  • Intellectual property rights

Any intellectual property rights vesting in MBI TV Telecom, whether by statute or common law, will remain vested in MBI TV Telecom and the Customer agrees not to do anything or allow anything to be done that may infringe MBI TV Telecom’s rights and the Customer hereby INDEMNIFIES MBI TV Telecom against any claims, actions and proceeding that may arise as a result of the Customer infringing or violating MBI TV Telecom’s intellectual property rights.

 

  • Applicable laws and Jurisdiction

 

This Agreement will be interpreted and governed by the Laws of South Africa.

 

SCHEDULE A

 

CHAPTER 7

DUTIES OF TELECOMMUNICATION SERVICE PROVIDER AND CUSTOMER (ss 39-­41)

Section 39: Information to be obtained and kept by certain telecommunication service providers

 

  • Before a telecommunication service provider, other than a telecommunication service provider who provides a mobile cellular telecommunication service, enters into a contract with any person for the provision of a telecommunication service to that person, he or she-­
  • must, if that person is a natural person-­
  • obtain from him or her-­

 

(aa) his or her full names, identity number, residential and business or postal address, whichever is applicable;; and

(bb) a certified photocopy of his or her identification document on which his or her photo, full names and identity number, whichever is applicable, appear;;

 

  • retain the photocopy obtained in terms of subparagraph (i) (bb);; and
  • verify the photo, full names and identity number, whichever is applicable, of that person with reference to his or her identification document;; or
  • must, if that person is a juristic person-­
  • obtain from the person representing that juristic person-­

 

(aa) his or her full names, identity number, residential and postal address, whichever is applicable;;

(bb) the business name and address and, if registered as such in terms of any law, the registration number of that juristic person;;

(cc) a certified photocopy of his or her identification document on which his or her photo, full names and identity number, whichever is applicable, appear;; and

(dd) a certified photocopy of the business letterhead of, or other similar document relating to, that juristic person;;

 

  • retain the photocopies obtained in terms of subparagraph (i) (cc) and (dd);; and
  • verify the-­

(aa) photo, full names and identity number, whichever is applicable, of that person with reference to his or her identification document;; and

(bb) name and registration number of that juristic person with reference to its business letterhead or other similar document;; and

 

  • may obtain from such person any other information, which the telecommunication service provider deems necessary for purposes of this Act.
  • A telecommunication service provider referred to in subsection (1) must ensure that proper records are kept of-­
  • the information, including the photocopies, referred to in subsection (1) and, where applicable, any change in such information, which is brought to his or her attention;;
  • the telephone number or any other number allocated to the person concerned;; and
  • any other information in respect of the person concerned which the telecommunication service provider concerned may require in order to enable him or her to identify that person.
  • An applicant may, for purposes of making an application for the issuing of a direction, in writing request a telecommunication service provider referred to in subsection (1) to-­
  • confirm that the person specified in the request is a customer of that telecommunication service provider concerned;;
  • provide the applicant with the telephone number or any other number allocated to that person by that telecommunication service provider;; and
  • furnish the applicant with a photocopy of the identification document of that person which is retained by that telecommunication service provider in terms of subsection (1) (a) (ii).
  • A telecommunication service provider who receives a request referred to in subsection (3) must immediately comply with that request if the person specified in the request is a customer of the telecommunication service provider concerned.

 

Section 40P: Information to be obtained and kept by electronic communication service provider who provides a mobile cellular electronic communications service

(a) Subject to paragraph (b), an electronic communication service provider who provides a mobile cellular electronic communications service must not activate a SIM-­card on its electronic communication system unless subsection (2) has been complied with.

b) Paragraph (a) does not apply to a customer of an electronic communication service provider who provides a mobile cellular electronic communications service outside the Republic who enters the geographical coverage area of a mobile cellular electronic communication service provider in the Republic and uses the electronic communication system of such provider to make, receive and send voice calls or data or access other services.

  • From the date of commencement of this section an electronic communication service provider must, subject to subsection (4), at own cost implement a process to record and store, and must record and store-­
  • the Mobile Subscriber Integrated Service Digital Network number (MSISDN-­number) of the SIM-­card that is to be activated by an electronic communication service provider at the request of a person contemplated in paragraphs (b) and (c);;
  • in the case of a person who-­
  • is a South African citizen or is lawfully and permanently resident in the Republic, the full names and surname, identity number and at least one address of such person who requests that a SIM-­card referred to in subsection (1) be activated on the electronic communication system of an electronic communication service provider;; or
  • is not a South African citizen or who is not permanently resident in the Republic, and who requests that a SIM-­card referred to in subsection (1) be activated on the electronic communication system of an electronic communication service provider, the full names and surname, identity number and at least one address of such person and the country where the passport was issued;; or
  • in the case of a juristic person-­
  • the full names, surname, identity number and an address of the authorised representative of the juristic person;; and
  • the name and address of the juristic person and, where applicable, the registration number of the juristic person.
  • (a) For the purposes of subsection (2), an electronic communication service provider must, in the manner provided for in paragraph (b), verify-­
  • the full names, surname, identity number and identity of the person contemplated in subsection (2) (b) and (c) and, where applicable, the country where the passport was issued;;
  • the name and, where applicable, the registration number of the juristic person;;
  • in the case of a person contemplated in subsection (2) (b) (i) and (c), the address;; and
  • the authority of the representative of a juristic person.

 

(b) An electronic communication service provider must verify-­

  • the information contemplated in paragraph (a) (i) by means of an identification document;;
  • the information contemplated in paragraph (a) (ii) by means of documentation, including a registration document, founding statement, document issued by the South African Revenue Service or any other similar document;;
  • the address contemplated in paragraph (a) (iii) by means of documentation, including a bank statement, a municipal rates and taxes invoice, telephone or cellular phone account of not older than three months, or any other utility bill or an account of a retailer of not older than three months, or an existing lease, rental or credit sale agreement, insurance policy, a current television licence or a new motor vehicle licence document;; and
  • the authority of the representative of the juristic person by means of a letter of authority or an affidavit.
  • (a) An electronic communication service provider must ensure that-­
  • the process contemplated in subsection (2);;
  • the information recorded and stored in terms of that subsection;; and
  • the facility in or on which the information is recorded and stored, are secure and only accessible to persons specifically designated by that electronic communication service provider.

 

(b) The Minister may, in consultation with the Cabinet member responsible for communications, by notice in the Gazette, determine security standards relating to the matters contemplated in paragraph (a).

 

  • From the date of commencement of this section, any customer who sells or in any manner provides an activated SIM-­card to a person, other than a family member, and the person who is to receive the SIM-­card must, immediately upon the sale or provision of the SIM-­card, provide the relevant electronic communication service provider with-­
  • the full names, surname and identity number of the customer;; and
  • all particulars as required in subsection (2) in respect of the person who is to receive the SIM-­card.

 

(a) An electronic communication service provider must, upon receipt of the  information provided in terms of subsection (5)-­

  • verify the full names, surname, identity number and identity of the persons with reference to the persons’ identification documents;;
  • verify the address, contemplated in subsection (3) (a) (iii), of the person who is to receive the SIM-­card by means of the documents contemplated in subsection (3) (b) (iii);; and
  • verify the particulars contemplated in subsection (2) (a).

 

(b) An electronic communication service provider must, upon receipt of the information provided in terms of paragraph (a), immediately record and store the information as contemplated in subsection (2).

 

  • (a) An applicant may, for the purposes of making an application for the issuing of a    direction, in writing, request an electronic communication service provider to-­
  • confirm that the person specified in the request is or was a customer of that electronic communication service provider;; and
  • provide the applicant with the information recorded and stored in terms of subsection (2).

 

(b) An electronic communication service provider who receives a request referred to in paragraph (a) must immediately comply with that request if the person specified in the request is or was a customer of the electronic communication service provider concerned.

 

  • If an employee or agent of an electronic communication service provider knows or suspects that an identification document submitted for verification as contemplated in subsection (3) is false, he or she must, within 24 hours, report the matter to a police official at any police station.
  • An electronic communication service provider must, on its electronic communication system, record and store-­
  • every MSISDN-­number used with every IMEI-­number;; and
  • every IMEI-­number used with every MSISDN-­number, which must, on production of a direction, be provided to an applicant within 12 hours.
  • The information recorded and stored in terms of subsections (2), (6) and (9) must be stored by an electronic communication service provider for a period of five years after-­
  • a customer has cancelled his or her contract with the electronic communication service provider;; or
  • the electronic communication service provider has ended the electronic communications service provided to the customer. [Date of commencement of s. 40: 1 July 2018.]

 

Section 41: Loss, theft or destruction of cellular phone or SIM-­card to be reported

  • Whenever a cellular phone or SIM-­card is lost, stolen or destroyed, the owner of that cellular phone or SIM-­card, or any other person who was in possession, or had control, thereof when it was so lost, stolen or destroyed, must within a reasonable time after having reasonably become aware of the loss, theft or destruction of the cellular phone or SIM-­card, report such loss, theft or destruction in person or through a person authorised thereto by him or her, to a police official at any police station.
  • A police official who receives a report contemplated in subsection (1), must immediately provide the person who makes the report with written proof that the report has been made or, in the case of a telephonic report, with the official reference number of the report.
  • A record of every report made in terms of subsection (1) must be kept at the police station where such a report has been made.
  • (a) The Minister must, within three months after the fixed date and in consultation with the Cabinet member responsible for policing, issue directives prescribing the-­
  • form and manner in which-­

 

(aa) a report contemplated in subsection (1) must be made;; and

(bb) records contemplated in subsection (3) must be kept;; and

 

  • information to be contained in such a report or record.
  • Any directive issued under paragraph (a) may at any time in like manner be amended or withdrawn.
  • Any directive issued under paragraph (a) must, before the implementation thereof, be submitted to Parliament.

 

 

SCHEDULE B

GNR.774 of 24 July 2009 -­ Regulations setting out the minimum standards for end-­user and subscriber service charters -­ (Government Gazette No. 32431) Published under GN R774 in GG 32431 of 24 July 2009 [with effect from 30 days from the date of publication] I, Paris Mashile, Chairperson of the Independent Communications Authority of South Africa (‘the Authority’), hereby confirm that the Authority has approved the regulations in the schedule in terms of section 4 read with section 69(3) of the Electronic Communications Act, 2005 (Act 36 of 2005). PARIS MASHILE Chairperson SCHEDULE

 

  • PURPOSE OF THE REGULATIONS

The purpose of these Regulations is to prescribe the minimum standards for end-­user and subscriber service charters.

  • SCOPE AND APPLICATION OF THE REGULATIONS   The regulations prescribe the minimum standards for end-­user and subscriber service charters applicable to Electronic Communications Service (ECS) and Electronic Communications Network Service (ECNS) licensees.
  • DEFINITIONS In these Regulations, unless the context indicates otherwise, a word or expression to which a meaning has been assigned in the Act has the meaning so assigned:

 

‘The Act’ means the Electronic Communications Act (36 of 2005

‘Connectivity’ means setting up and connecting the end user to the Electronic Communications network;;   

‘Connectivity Failure’ means the inability of an electronic communications network system to initiate or maintain connection between end-­users;;   

‘Complaint’ means a communication lodged by an end-­[User], by means of voice communication, personal visit (walk-­in centres), post or by data messaging, expressing dissatisfaction with the service rendered by the licensee;;   

‘Fault’ means a failure of performance so serious as to destroy the ability of a network or some elements of a network to function effectively;;   

‘Fault Clearance’ means the resolution of a fault;;   

‘Fault Report’ means the communication of a fault by the end-­user;;   

‘ICASA Act’ means the Independent Communications Authority of South Africa Act, 2000 (Act 13 of 2000

‘Installation’ means making available the network infrastructure on the customer interface side;;   

‘Qualifying service applicant’ means an applicant for a licensee’s service that meets certain preconditions as required by the licensee and can access these services within an area in which a licensee provides the required service and has coverage.

 

ELECTRONIC COMMUNICATIONS SERVICE (ECS) AND ELECTRONIC COMMUNICATIONS NETWORK SERVICE (ECNS) LICENSEES

Licensees must cater for the following:

4.1 Availability of the ECN services All licensees must ensure that they achieve an average of 95 percent network service availability, over a period of six (6) months.  

4.2 Availability of the EC services   All licensees must ensure that they achieve an average of 95 percent service-­availability within their specified area of coverage over a period of six (6) months

4.3 Average time to both install and activate service

(a) All ECS and ECNS licensees must attain 90 percent success rate within thirty (30) days in meeting requests for installing and activating of service, for qualifying service applicants within their specified area of coverage.

 

(b) The remaining ten percent (10 percent) of requests for installation and activation must be met within forty (40) days of the request.

    1. Average time to Activate service

(a) All ECS and ECNS licensees must attain 90 percent success rate within seven (7) days in meeting requests for activation of a service, for qualifying service applicants within their specified area of coverage.

(b) The remaining ten percent (10 percent) of requests for activation must be met within fifteen (15) days of the request.

    1. Licensees shall within 7 days upon receipt of a request notify and provide full reasons to qualifying service applicants where they are unable to provide service within the period specified in sub-­regulations 4.1, 4.2, 4.3 and 4.4 above.  
    2. Connectivity Failure Rate (including dropped calls)   

The percentage of connectivity failure rate must not exceed an average of 3 percent of all connections, over a period of six (6) months, for all ECNS and ECS licensees.

    1. Operator assisted calls response time The operator assisted calls must be answered within three (3) minutes averaged over twelve months.
    2. ECN monitoring. All licensees must monitor electronic communications network, 24 hours, seven (7) days a week.
    3. Fault clearance rate/mean time to clear faults

(a) All ECNS and ECS licensees must maintain an average of 90 percent fault clearance rate for all faults reported within three (3) days.

(b) The remaining ten percent (10 percent) of faults reported must be cleared within six (6) days of the reporting of the fault.

 

  • COMPLAINTS PROCEDURE

 Complaints reported to the licensee

(a) Licensees must designate and publicise a point of entry for complaints to be lodged by the complainants.

(b) Licensees must acknowledge receipt of the complaint through the allocation of a reference number within three (3) days upon receipt thereof.

(c) Licensees may respond to the complaint in any manner or format which the licensee considers appropriate in the circumstances, including, without limitation, in writing, telephonically, by e-­mail, via short message services or in person.   

(d) Licensees must formally resolve all complaints from the complainants within fourteen (14) days of receipt thereof.

5.2 Complaints escalated to the Authority by end-­users and subscribers

(a) In the event that the complainant is not satisfied with the resolution of their complaint by the licensees, he/she may approach the Authority for the resolution of the complaint. (b) Licensees must formally resolve all complaints referred to them by the Authority within fourteen (14) days upon receipt thereof.

 

INFORMATION REQUIREMENTS

  • Licensees must keep and maintain a record of all complaints received from end-­users and subscribers.   
  • Licensee must prepare six-monthly reports on complaints received and processed. Copies of such reports must be submitted to the Authority within one (1) month after the end of the licensee’s financial year and every six (6) months thereafter.   
  • Licensees must prepare and submit to the Authority six (6) monthly reports on the standards as prescribed in regulation 4.   
  • The reports referred to in sub-­ regulations 6(b) and (c) of these Regulations must be in accordance with the format as may be determined by the Authority from time to time.
  • PENALTIES A licensee who is held to be non-compliant by the Complaints and Compliance Committee (CCC) will be liable to a fine not exceeding:

 

(a) R500 000.00 for a contravention of regulation 4.

(b) R150 000.00 for a contravention of regulations 5 and 6.

(c) An additional R50 000.00 for every repeated offence.

 

REGULATIONS THAT ARE REPEALED

(a) The End-­user and Subscriber Service Charter Regulations, published in Government Gazette 30792 dated 25 February, 2008 are hereby repealed.   

(b) The End-­User and Subscriber Service Charter Regulations, published in Government Gazette 31556 dated 31 October, 2008 are hereby repealed.

SHORT TITLE AND COMMENCEMENT   These Regulations are called End-­User and Subscriber Service Charter Regulations 2009 and will come into operation within thirty (30) days from the date of publication in the Government Gazette.

INTRODUCTION

  • The purpose of this document is to provide an understanding of MBI TV Telecom’ Acceptable Use Policy. This policy serves to define the accepted behaviour of users on MBI TV Telecom’ network. This allows MBI TV to:
    • Maintain the integrity and quality of their services,
    • Protect their customers and infrastructure from abuse,
    • Adhere to the current laws and regulations governing organisations and service providers in the countries that they operate in,
    • Co-exist within the global internet community as a responsible service provider.

THE NETWORK

  • The user acknowledges that MBI TV is unable to exercise control over the data passing over the infrastructure and the Internet, including but not limited to any websites, electronic mail transmissions, news groups or other material created or accessible over its infrastructure. Therefore, MBI TV is not responsible for data transmitted over its infrastructure.
  • MBI TV’ infrastructure may be used to link into other networks worldwide and the user agrees to conform to the acceptable use policies of these networks.
  • Users of the MBI TV network include not only the MBI TVs customers, but in the case of resellers of the MBI TVs’ services, the customers of the resellers too. Resellers of MBI TVs’ services are responsible for the activities of their customers
  • The user may obtain and download any materials marked as available for download off the Internet, but is not permitted to use their Internet access to distribute any copyrighted materials unless permission for such distribution is granted to the user by the owner of the materials
  • The user is prohibited from obtaining, disseminating or facilitating over MBI TVs’ network any unlawful materials, including but not limited to:
    • Copying or dealing in intellectual property without authorisation,
    • Child pornography, and/or
    • Any unlawful hate-speech materials.
  • To help ensure that all customers have fair and equal use of the service and to protect the integrity of the network, MBI TV Telecom reserves the right, and will take necessary steps, to prevent improper or excessive usage thereof.
  • The action that MBI TV Telecom may take includes, but is not limited to:
  • This policy applies to and will be enforced for intended and unintended (e.g., viruses, worms, malicious code, or otherwise unknown causes) prohibited usage.
  • Online activity will be subject to the available bandwidth, data storage and other limitations of the service provided, which MBI TV Telecom may, from time to time, revise at its own discretion and without prior notice to the customer.

SYSTEM AND NETWORK SECURITY

  • All references to systems and networks under this section includes the Internet (and all those systems and/or networks to which user is granted access through MBI TVs) and includes but is not limited to the infrastructure of MBI TVs itself.
  • The user may not circumvent user authentication or security of any host, device, network, or account (referred to as “cracking” or “hacking”), nor interfere with service to any user, host, device, or network (referred to as “denial of service attacks”). The host, device, network or account shall also not be used for any illegal purpose, including phishing.
  • Violations of system or network security by the user are prohibited, and may result in civil or criminal liability. MBI TVs will investigate incidents involving such violations and will involve and co-operate with law enforcement officials if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
    • Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of any system or network or to breach security or authentication measures without the express authorisation of MBI TVs.
    • Unauthorised monitoring of data or traffic on the network or systems without express authorisation of MBI TVs.
    • Interference with service to any user, device, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
    • Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting.

EMAIL USE

  • It is explicitly prohibited to send unsolicited bulk mail messages (“junk mail” or “spam”) of any kind (commercial advertising, political tracts, announcements, etc.). This is strongly objected to by most Internet users and the repercussions against the offending party and MBI TVs can often result in disruption of service to other users connected to MBI TVs. In addition, spam is unlawful in terms of the Electronic Communications and Transaction Act 2002, and MBI TVs is entitled to take appropriate steps against the User in contravention of these provisions of the Act.
  • Maintaining of mailing lists by users of MBI TVs is accepted only with the permission and approval of the list members, and at the members’ sole discretion. Should mailing lists contain invalid or undeliverable addresses or addresses of unwilling recipients those addresses must be promptly removed.
  • Users may not forward or propagate chain letters nor malicious e-mail.
  • Public relay occurs when a mail server is accessed by a third party and utilised to deliver mails, without the authority or consent of the owner of the mail-server. Users’ mail servers must be secure against public relay as a protection to both themselves and the Internet at large. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed.
  • MBI TVs reserves the right to examine users’ mail servers to confirm that their server is not a public relay and the results of such checks can be made available to the user. MBI TVs also reserves the right to examine the mail servers of any users using MBI TVs mail servers for “smarthosting”, content filtering or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict accordance with MBI TVs’ policy of preserving customer privacy.

USENET NEWS

  • Users should, before using the service, familiarise themselves with the contents of the following newsgroups: news.newusers.questions, news.announce.newusers, news.answers.
  • Excessive cross-posting (i.e., posting the same article to a large numbers of newsgroups) is forbidden.
  • Posting of irrelevant (off-topic) material to newsgroups (also known as USENET spam) is forbidden.
  • Posting binaries to a non-binary newsgroup is forbidden.
  • MBI TVs reserves the right to delete and/or cancel posts which violate the above conditions.

INTERCEPTION

  • The User acknowledges that MBI TVs is lawfully required to intercept communications in accordance with the provisions of the Regulation of Interception and Provision of Communication-related Information Act 70 of 2003 (“the Act”). Any interception of communications shall be strictly in accordance with the requirements of the Act, as and when required under the Act.

WEBSITE TAKE DOWNS

  • All queries related to website take downs may be directed to the Internet Service Providers’ Association (ISPA), which MBI TVs has appointed as its agent for the purposes of receipt of take down notices in accordance with Chapter 11 of the Electronic Communications and Transactions Act of 2002:
    • Website: www.ispa.org.za
    • Email: takedown@ispa.org.za

MANAGING ABUSE

  • Upon receipt of a complaint, or having become aware of an incident, MBI TVs reserves the right to:
    • Inform the user’s network administrator of the incident and require the network administrator or network owner to deal with the incident according to this AUP.
    • In the case of individual users suspend the user’s account and withdraw the user’s network access privileges completely.
    • Charge the offending parties for administrative costs as well as for machine and human time lost due to the incident.
    • In severe cases suspend access of the user’s entire network until abuse can be prevented by appropriate means.
    • Take such action as may be necessary to protect the integrity of the system, including, but not being limited to, system monitoring, as well as protocol management and shutting down of ports affected by viruses, worms or other malicious code.
    • Implement appropriate technical mechanisms in order to prevent usage patterns that violate this AUP.
    • Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users’ details to law enforcement agencies.
  • Any one or more of the steps listed above, insofar as they are deemed necessary by MBI TVs in its absolute and sole discretion, may be taken by MBI TVs against the offending party.

LAWS AND LEGISLATION

  • MBI TVs’ infrastructure may be used only for lawful purposes. Users may not violate any applicable laws or regulations of South Africa within the territory of South Africa. Should the user reside outside of South Africa, the laws of the country in which the user resides shall apply.
  • Transmission, distribution or storage of any material on or through the infrastructure in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
  • The User undertakes to use MBI TVs’ services in accordance with any restrictions imposed under the following legislation:
    • Electronic Communications and Transactions Act 25 of 2002
    • Electronic Communications Act 36 of 2005
    • Films and Publications Act 65 of 1996 (as amended)
    • Regulation of Interception and Provision of Communication-related Information Act 70 of 2003

LEGAL RIGHTS

  • Nothing contained in this policy shall be construed to limit MBI TV’s rights or remedies in any way with respect to any of the aforementioned activities, and MBI TV Telecom reserves the right to take any action that it may deem appropriate with respect to such activities, including without limitation:
    • Investigating suspected violations of this AUP,
    • Taking action to recover costs and expenses incurred in identifying and resolving abuse,
    • Terminating users’ access to and use of the MBI TV Telecom service;
    • Levying cancellation charges to cover MBI TV Telecom’ costs in the event of termination of the MBI TV Telecom service.
  • In addition, MBI TV Telecom reserves all available rights and remedies with respect to such activities at law or in equity.
  • This AUP may be clarified or modified periodically and MBI TV Telecom reserves the right to modify this policy at any time, any such changes coming into effect as soon as they are published on the MBI TV Telecom website(https://www.mbitv-telecom.co.za).
  • This policy forms part of MBI TV Telecom’ standard terms and conditions of service.

All cases of violation of the above Acceptable Use Policy should be reported to abuse@mbitv-telecom.co.za

This Acceptable Use Policy was last updated on 07 July 2018.

Copyright © 2018 MBI TV Telecom . All Rights Reserved

This document is to explain how we handle data and information collected from you whilst visiting our web site.

Privacy Policy for Subscribers:

The following policy applies to subscribers of our services:
To register for our services you will have to provide us with personally identifiable information to enable us to provide you with our services.The information you provide will be entered into our database.

If you register as a subscriber, we do not make your personally identifiable information available to anyone unless required by law to do so.

Information Collected from E-mail:

When you send us personally identifying information in an e-mail, we use the information you provide only to help us gather the information you might request. In an effort to respond to your request, information you submit may be viewed by various people within MBI TV Telecom. Once received, the information to your email is protected in accordance with law, (e.g. the Privacy Act and the Freedom of Information Act).

Privacy Policy for All Visitors

This is information Collected and Stored Automatically:
When you visit our web site to read web/html pages or download information, we automatically collect and store the following non-identifying information:

  • The Internet protocol (IP) address from which you access our web site. An IP address is a unique number that is automatically assigned to the computer you are using whenever you are surfing the web.
  • The type of browser, such as Internet Explorer or Mozilla, and operating system, such as Windows Vista or MacOs, used to access our site.
  • The date and time our site is accessed, for the purpose of traffic and statistical monitoring.
  • The pages visited, for the purpose of improving the usefulness of our web site by providing helpful links and removing pages that are not read.
  • This information does not identify you personally. We maintain the above information in system logs. We use this information to make our site more useful to visitors by learning the number of visitors to our site, the number of pages served, and the level of demand for specific pages. We do not track or record information about identifiable individuals and their visits.

Security, Intrusion, and Detection:

For site security purposes and to ensure that this service remains available to all users, our computer system employs software programs and hardware devices to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.

PREAMBLE

MBI TV Telecom is sensitive to the private nature of information you provide to it over the Internet and is committed to protecting your privacy. This Privacy Policy explains the data collection and use practices of the MBI TV Telecom website (“the website”). By accessing the website, you are deemed to have accepted and agreed to the information collection and use practices described in this Privacy Policy.

INFORMATION COLLECTED

When you use the website, and at other times, MBI TV Telecom may require you to provide it with personally identifiable information or you may elect to provide MBI TV Telecom with personally identifiable information. The personally identifiable information you provide may include your name, company, job title, address and e-mail address and facts about yourself, your business, profession and product preferences.

In addition, MBI TV Telecom’ web servers may automatically collect website usage information from you when you visit the website. Website usage information informs MBI TV Telecom about how visitors and subscribers use and navigate the websites, including the number and frequency of users to each web page, their IP address, and the length of their stays.

USE OF INFORMATION COLLECTED

The personal information collected on the website will be used to operate the website and to provide the services or carry out the transactions you have requested. In support of these uses, MBI TV Telecom may combine the personally identifiable information you have provided to it on the website with other information about you that is available to it, including website usage information and information from other sources.

MBI TV Telecom may use this information to enable it to process, validate and verify requests for products and services and for the purposes for which you specifically provided the information; to improve your experience on the website; to improve and develop new products, features and services; to alert you to new products and services and special offers; to provide marketing with aggregate information about the user base and usage patterns; to allow MBI TV Telecom to personalise the advertising users see based on their personal characteristics or preferences, and for other purposes.

Personal information collected from you may be stored and processed in South Afrca, or any other country in which MBI TV Telecom operates or maintains facilities and may be transferred to third party suppliers to MBI TV Telecom, in order to help MBI TV Telecom to improve the content of the website, provide you with the products or services requested, to consider and respond to any application for employment made, and to help service providers to perform services on its behalf. By using the website, you consent to any such transfer of information outside of your country.

MBI TV Telecom may disclose any information about you to law enforcement agencies, government officials or other authorities, as MBI TV Telecom, in its sole discretion, believes necessary or appropriate in the circumstances. If you use the website to make application for employment with MBI TV Telecom, you acknowledge that: MBI TV Telecom will not under any circumstances be liable to you should your application be unsuccessful or should your application not be received; the technology utilised by MBI TV Telecom and its third party suppliers is designed to protect personally identifiable information but that MBI TV Telecom is unable to guarantee that all such personally identifiable information is not capable of being illegally accessed and that accordingly you assume all risk associated therewith and agree that MBI TV Telecom shall not under any circumstances be liable to you in respect thereof; you provide any information solely at your risk and any information provided will be kept and stored for such period of time MBI TV Telecom deems appropriate.

COOKIES

Like most websites, MBI TV Telecom automatically collects information and data through the use of “cookies”. A “Cookie” is a small text file that is placed on your hard disk by a web page server which enables a website to recognise repeat users, facilitate the user’s on-going access to and use of the website and allows a website to track usage behaviour and compile aggregate data that will allow content improvements and targeted advertising. A cookie will not provide MBI TV Telecom with personal information; therefore, if you have not supplied MBI TV Telecom with any personal information, you can still browse the website anonymously. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies; however you can modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this or other websites which you visit.

SECURITY

The personally identifiable information we collect about you is stored in limited access servers. MBI TV Telecom maintains safeguards to protect the security, integrity, and privacy of these servers and your personally identifiable information.

IP ADDRESS

If you are connected to the internet you will have an IP Address. This may take the form of a figure, such as 333.333.22.1. The address will be automatically collected and logged as part of the connection of your computer to MBI TV Telecom’ web server and may be used to determine the total number of visits to each part of the website. If there is a security breach the relevant IP Address will be identified by the Internet Service Provider and the user may be contacted.

LINKS TO OTHER WEB SITES
Should you make use of the external links which may be provided for your convenience, you should be aware that those websites are not subject to this Privacy Policy. MBI TV Telecom recommends that you review the privacy policy at each such website to determine how that website protects your privacy.

POLICY MODIFICATIONS

MBI TV Telecom may amend this Privacy Policy from time to time, and will post any changes here, so that you are familiar with the Privacy Policy adopted by MBI TV Telecom. Notwithstanding the right to amend the Privacy Policy as aforesaid, MBI TV Telecom will not use your personal information in a manner materially different from this Privacy Policy without your prior consent.

COMMENTS AND QUESTIONS

If you have any questions or comments about this Privacy Policy, please contact MBI TV Telecom by filling in the Contact Us form which can be found here: https://www.mbitv-telecom.co.za/contact-us . MBI TV Telecom reserves the right to contact you at any time regarding any problems or questions as well as to notify you of changes to the Privacy Policy, or to other policies or terms that affect you and your use of the website, but it is not obliged to do so.

TERMS AND CONDITIONS

This Privacy Policy is subject in all respects to the terms and conditions of use of the MBI TV Telecom website. This Privacy Policy was last updated on 07 July 2018.

Copyright © 2018 MBI TV Telecom. Limited All Rights Reserved.

Please refer to the offer dates on the discount offer to ensure your offer is still valid.

Discount vouchers are valid as a once-off discount for the first month of service for the product you selected. Vouchers are valid for a new purchase on our online store only and cannot be used as a discount for your monthly subscriptions.

Your discount voucher qualifies you for up to the value (i.e., R500.00) off of your purchase, this is due to the nature of our month-to-month contracts.

Your service may equate to a lesser value than the discount voucher, or if you purchase the service midway through the month, your discount will be calculated based on the pro-rata billing amount for the remaining days of the month

By using our WhatsApp channel, you agree to adhere to the WhatsApp Legal Terms of Service:

https://www.whatsapp.com/legal/#terms-of-service.

As owners of the Ignite Sales WhatsApp Channel, we have determined rules of engagement that encourage respectful behaviour, and we reserve the right to monitor and block any content and number should the rules of engagement not be adhered to.

In extreme cases, we have the right to block any user from using the WhatsApp Channel. Kindly note the rules of engagement below:

  • Abusive, obscene and offensive messages.
  • Messages irrelevant to MBI TV Telecom.
  • Messages in violation of South African laws and regulations.
  • Messages that pose a violation to IPs of other brands.
  • Trolling and harassment.

For urgent matters or non-sales related queries, please contact our support team on 011 866 8515 or alternatively on support@mbitv-telecom.co.za

MBI TV PRODUCTS TERMS & CONDITIONS

BROADBAND INTERNET ACCESS SERVICE SCHEDULE (THE ESSENTIALS FIBRE)

 

 

  1. DEFINITIONS AND INTERPRETATION

1.1. This Service Schedule is applicable only for the purchase of MBI TV Telecom Internet Access services which has been agreed to by the customer and MBI TV and is subject to the terms and conditions set out in this schedule below.

1.1.1. “Effective Date” means the date upon which the Service is live for Customer use.

1.1.2. “Upgrades” means an increase of bandwidth size on an individual Service within the MBI TV specified bandwidth options.

1.1.3. “Downgrades” means a decrease of bandwidth size on an individual Service within the MBI TV specified bandwidth options.

1.1.4. “CPE” means customer premise equipment and includes all necessary routers and/or modems required on the Customer site for the proper    working of the Internet Access Services.

1.1.5. “Contention ratio” number of users sharing the same Internet port capacity.

1.1.6. “Modem” or “Router” means the device that enables the Internet Access Service.

1.1.7. “Internet Protocol” or “IP” means the method or protocol by which data is sent from one computer to another over the Internet.
1.1.8. “MBI TV” means MBI TV AND VIDEO SERVICES trading as MBI TV TELECOM.

1.1.9. “Shaped” means that traffic is prioritized and channeled in a specific order, for example web browsing and email traffic will be prioritized.
1.1.10 “Unshaped” means that the traffic is not prioritized and channeled in a specific order. The first service requested is delivered first.

1.1.11 “Base Cap” or “Cap/Capped” means the amount of blended data (comprising of both international and/or local data), measured in GB, that you would like to send and receive during the course of a calendar month.

1.1.12 “Wireless Access Point” or “AP” is a device that allows wireless devices to connect to a wired network using Wi-Fi.

 

  1. DESCRIPTION OF SERVICES

Broadband Internet access is a service that will enable one to send and receive data, email and access to the Internet via a high-speed connection.

2.1. MBI TV Telecom will provide the Customer with a broadband internet access service through various MBI TV owned last mile technologies such as wireless, copper and/or fibre circuits with a range of available speeds.

2.2. MBI TV shall provide the Customer with five (5) static public IP addresses, one (1) of which will be utilized with the CPE.

2.3. Where provided, the wireless Access Point (AP) is a device that allows wireless devices to connect to a wired network using Wi-Fi, or related standards. The AP usually connects to a router as a standalone device.

2.4. The MBI TV Broadband Internet Access service is provided as a high performance, best effort service with no agreed service or quality guarantees.

2.5. The MBI TV Broadband Internet Access service is provided as a “contended” Internet service.

2.6. In certain instances, the activities of users may impact the network contention and MBI TV Telecom will take the necessary steps to enforce fair usage and equity of network resource allocation.

2.7. The purpose of the MBI TV Fair Use Policy (FUP) is to ensure fair and equal use of the MBI TV Telecom Broadband Internet Access service.

2.8. The customer is obliged to comply with the terms of the Internet Access Services’ Fair User Policy.

 

  1. CHARGES AND PAYMENT

3.1. Fixed Charges

3.1.1. The Customer shall pay the fixed fees associated with the Broadband Internet Access Service with effect from the Effective Date.

 

  1. TERMINATION

4.1. The duration of each of the Services shall initially be chosen by the Customer and shall endure for a 1 (one) month rolling period until terminated by either party on 30 (thirty) days’ notice on or before the twentieth of the month.

 

  1. CUSTOMER’S OBLIGATIONS

5.1. MBI TV assumes no responsibility for, and shall not attract any liability in respect of, the integrity, correctness, retention or content of information transported via its network.

5.2. MBI TV shall under no circumstances be liable (including liability for negligence) for any loss, damage or injury that the Customer or any third party may suffer, irrespective of when or how arising, specifically including (but not limited to) refunds of fees, loss of profits, financial loss, loss of contracts, loss of income, loss of anticipated business, cost of replacement services, goodwill or any other form of consequential loss, arising from the provision and / or use of the Broadband Internet Access Service to the Customer, its employees, directors, agents and / or representatives.

5.3. In addition to what is set out in clause 5.1 and 5.2 above, the Customer shall and hereby does indemnify MBI TV against

5.3.1. any damage, loss or liability of whatsoever nature arising from a breach of MBI TV or the Customer’s security measures, which may result in, inter alia, data theft, abuse of a Customer’s e-mail account or the defacing of websites hosted by MBI TV, any misuse of MBI TV facilities or services and/or any act or omission of any other Customer of MBI TV

5.3.2. any claim by any third party arising directly or indirectly out of or related to the Customer’s access to or use of the MBI TV Broadband Internet Access Service or any information or data obtained through such access or use.

5.4. To determine eligibility and pre-requisites for maintenance services, MBI TV may require inspection, at Customer expense, of CPEs and any other equipment which:

5.4.1. has not been maintained continuously by MBI TV from the date of purchase or lease by Customer; or

5.4.2. has been relocated; or

5.4.3. Requires refurbishment; or has not been acquired from MBI TV Telecom

5.5. At all times, the customer shall:

5.5.1. ensure MBI TV and its partners are granted reasonable access to its premises at an agreed time and date for the purpose of planning, installation, removal, maintenance and support of the Equipment

5.5.2. not tamper with the Equipment

5.5.3. be liable for a call out on site and the fault is proved not to be with the MBI TV equipment and/or due to the negligence of the customer
5.5.4. take all reasonable steps to keep the Line of Sight clear and unobstructed

5.5.5. not allow any third party access to the Equipment

5.5.6. provide MBI TV with suitable location, rack space, uninterruptible power supply and suitable grounding for all Equipment as specified by the manufacturer of such Equipment. Such details may be obtained from MBI TV upon request

5.5.7. ensure all negotiations, approvals and/or leases have been granted for the installation of the Equipment on the Customer premise, including but not limited to Landlord approvals

5.5.8. insure to the full value of all Equipment which is installed on premises which are either owned, occupied, rented or otherwise enjoyed by the Customer, and ensure that such insurance covers damage resulting from lightning, theft and/or fire

5.5.9. maintain a regular power source no more than 3 (three) meters from the location of the installation point of the Equipment stored within the Customers premises

5.5.10. regularly provide and update a list of Customer’s duly authorized technical contacts in respect of each site, and/or provide the name of suitable persons upon request from MBI TV

5.5.11. be able to view historic bandwidth utilization, limited to the previous month via the Customer Zone portal

 

  1. IP ADDRESSES

6.1. Customer agrees that its IP allocation addresses from MBI TV are non-portable and on loan for the duration of the period that the Access Service is provided. Upon termination of the Access Service for any reason whatsoever all IP addresses allocated to the Customer by MBI TV shall be returned to MBI TV and will then become available for reallocation

 

  1. CPE DEVICES

7.1. The provision of the CPE device by MBI TV is subject to the terms and conditions set out in this Schedule below and to the service types in terms or rental

7.1.1. MBI TV shall at all times be and remain the owner of the CPE and nothing in this Schedule shall be construed so as to confer any rights or interest therein to Customer other than as a hirer of the CPE

7.1.2. On termination of this Agreement in the manner envisaged in Clause 4 of this Schedule or Clause 8 of the Standard Terms and Conditions, as the case may be, Customer shall forthwith return the CPE to MBI TV in the same condition as it stands on the Effective Date fair wear and tear excepted

7.1.3. Where CPE resides on Customer’s premises, all risk of loss and/or destruction of the CPE shall be retained by Customer at all times. In such circumstances Customer shall be responsible for ensuring the safety of the CPE and shall ensure that the CPE is insured against loss and destruction for the usual causes arising, and shall be liable for the replacement costs of the CPE in the event of any loss or destruction thereof

7.1.4. Customer furthermore undertakes that equipment shall at all times be Customer’s responsibility, and MBI TV disclaims all liability for any losses incurred in respect of the Customer’s router equipment, whether CPE is on MBI TV’s or on Customer’s premises
7.1.5. Furthermore, MBI TV excludes itself from all losses or damages of whatsoever nature associated to an obstruction to the Line of Sight. Except where the obstruction is not within the Customer’s control, the Customer may cancel a service that has become obstructed on 30 (thirty) days’ notice without penalty

7.1.6. Where the Customer has opted for CPE rental

7.1.6.1. MBI TV shall at all times maintain the CPE

7.1.6.2. Customer shall not have access to the CPE configuration and shall not change or attempt to change the CPE configuration

7.1.6.3. In the event that there is a breakdown or malfunction of the CPE, MBI TV shall at its cost effect repairs in accordance with the manufacturer’s specifications

7.1.6.4. Customer shall abide by any rules notified to it relating to use of, access to, or security measures respecting the CPE and the premises in which the CPE is situated

7.1.7. Customer shall under no circumstances be entitled to withhold or defer payment of any amount or charge in terms of this Agreement by virtue of the CPE being damaged; and

7.1.8. Customer will give MBI TV prior written notice of any proposed alterations or attachments to the CPE or any modifications to software on the CPE concerned. MBI TV has no obligation to provide the Broadband Internet Access Service on any modified CPE. In the event that MBI TV at its sole discretion agrees to maintain, support or correct the altered or modified router, MBI TV reserves the right to impose additional charges

7.1.9. Customer shall not permit any party other than MBI TV to acquire any right to modify, alter or change any configuration or software of the CPE

7.1.10. MBI TV is not responsible for any malfunction, non-performance or degradation of performance of any CPE and associated software caused by or resulting directly or indirectly from any alteration or attachment. Customer will be solely responsible for resulting infringement, personal injury or damage to the CPE and/or software

7.1.11. Customer will be responsible for any relocation of the CPE. Customer must give MBI TV reasonable written notice prior to relocating any CPE, subject to the availability of ECNS provider infrastructure or hardware. Routers that are relocated may be subject to additional maintenance and support charges and modifications of response times

7.1.12. CPEs moved outside South Africa may continue to be serviced under this Agreement, by agreement between Customer and MBI TV, subject to Customer’s agreement to adjusted charges and response times

7.1.13. MBI TV may terminate any software support services pertaining to the CPE on 30 days prior written notice, where MBI TV determines that Customer’s software modification or failure to install a revision or update will interfere with the provision of such services.

 

  1. WARRANTY

8.1. In the event that a modem/router is provided by MBI TV to the customer, MBI TV shall be indemnified against any and all costs and claims whatsoever, which may arise from the manufacturer’s warranty associated with such modem/router

8.2. MBI TV has the sole discretion to exchange any modem and/or router.

 

  1. PRE-REQUISITES

9.1. The Internet Access Service is provided over MBI TV’ infrastructure and in some cases requests for the MBI TV Internet Access Service may be subject to a feasibility study to determine whether MBI TV has adequate infrastructure to provide the service.

 

  1. UPGRADES, DOWNGRADES AND MOVES

10.1. Upgrades

10.1.1. Will be subject to bandwidth availability

10.1.2. The Customer will have the ability to upgrade the Service at any time during the Service term

10.2. Downgrades

10.2.1. All downgrades will be subject to an administrative downgrade fee

10.3. Moves

10.3.1. The Customer shall be responsible for all costs associated with a move or relocation of the equipment after installation should such a move or relocation be requested by the Customer

 

  1. INTERNET ACCESS SERVICE FAIR USE POLICY

11.1. The activities of users may impact the network contention and MBI TV Telecom will take necessary steps to enforce fair usage and equity of network resource allocation

 

  1. TECHNOLOGY MODIFICATIONS

12.1. MBI TV reserves the right to alter, modify, upgrade, update or maintain the MBI TV’ network infrastructure, any technology, hardware or software (“modification”) that may form part of the Broadband Internet Access Service

MBI TV TELECOM TERMS AND CONDITIONS –  LTE ADVANCED

 

 

PLEASE NOTE: 

These product or service specific terms and conditions must always be read together with our General Terms and Conditions, which will always apply to your use of this product or service.

 

  1. Definitions

1.1. “4G LTE” means wireless broadband technology used to connect the CPE to the network;

1.2. “CAC” means the Corporate Affairs Commission in Pretoria;

1.3. “CDR” means the Call Detail Record;

1.4. “CBSA” means Central Bank of South Africa;

1.5. “Calendar Month” means the period from the 1st day of a month to the last day of that month;

1.6. “Coverage Area” means the coverage area in South Africa within which MBI TV Telecom is providing the service, as it may be notified at any specific time;

1.7. “Customers” shall mean customers to be acquired by the Operator for the provision of Services in terms of this Service Schedule;
1.8. “Execution Date” means the date of execution of this Service Schedule by the last Party;

1.9. “GB” means gigabytes;

1.10. “R” or “Rand” means the lawful currency of South Africa;

1.11 “Network Capacity” means the number of customers or the amount of data that can be delivered to customers in a specific area defined within the Coverage Area, provided with its designated features as may be provided and modified from time to time by MBI TV Telecom

1.12. “Services” means the purchase and re-sale of the services packages as defined in Annexure 1;

1.13. “Services Plans” means the plans available as set out in Annexure 1 hereto;

1.14. “Suspended Service” means the service is no longer active on the network;

1.15. “Terminated Service” means the service is no longer live on the network.

 

  1. Suspensive Conditions

This Agreement are subject to the following Suspensive Conditions:

2.1. Obtaining of all the relevant permits that may be required for this transaction by the Parties, including, if necessary, regulatory approval;

2.2. The Coverage Area has been defined and agreed within which the Operator can undertake sales;

 

  1. Support Services

3.1. MBI TV Telecom shall use its best efforts to ensure that the services are provided optimally throughout the duration of this Service

3.2. It is recorded that MBI TV Telecom does not give or make any warranties, representations or guarantees whatsoever, whether implied or express, in relation to the availability, reliability, accuracy and security of the Network Capacity.

 

  1. MBI TV Telecom Responsibilities

4.1. MBI TV Telecom shall be responsible for providing 4G LTE on a best efforts basis and based on the exact same Quality of Service provided to all other MBI TV Telecom 4G LTE customers;

4.2. MBI TV Telecom shall send an invoice to the Client at the end of every month for the Service Plans purchased by the Client.

4.3. The Parties will enter a Tri-party agreement for the purposes of the Regulation of Interception of Communications and Provision of Communication-Related Information (“RICA”) and Protection of Personal Information (“POPI”) acts but it is herewith recorded that the Operator will remain solely responsible for adhering to the processes as defined in the aforementioned two acts in respect of their Customers. MBI TV Telecom has the right to audit the Operator after MBI TV Telecom has informed the Operator of its intention to do so in writing 5 (five) Business Days prior to the commencement of such an audit and the costs thereof will be borne by the Operator;

4.4. The Operator will be responsible to bill and collect payment from their Customers, and address any billing and payment related support queries;

4.5. The Operator will follow the defined MBI TV Telecom support process to log tickets.

 

  1. General Terms

5.1. Neither party will seek to gain access to any customer or proprietary information related to the other party’s operations;

 

  1. Expansion and Coverage

6.1. Monthly, MBI TV Telecom will issue a coverage map that defines the Coverage Areas in which Services are available;

6.2. Selling outside of the Coverage Area will result in Customers receiving no service or an impaired service. Should a customer purchase a service outside the Coverage Area, then MBI TV Telecom will not be responsible for the quality of the Service which is received or even that Service is made available;

 

  1. Warranties

7.1. MBI TV Telecom warrants that Service will be made available within the published Coverage Area to Customers on a best effort basis;

7.2. The customer warrants that it will undertake all necessary actions to be compliant with the relevant regulations, not limited to RICA. POPI, and CPA acts.

 

  1. Indemnities

MBI TV Telecom shall not be held responsible or liable for the Customers non-compliance with RICA, POPI and other relevant regulatory requirements. As such, the customer indemnifies MBI TV Telecom against any claim of whatever nature arising from its non-compliance to these acts.

 

  1. PRODUCTS

MBI TV Telecom LTE- Advanced service will deliver high speed and reliable wireless broadband internet services for Customers within the pre-defined Coverage Areas. All prices are including VAT.

 

LTE-A: Promotional Set up Options

When purchasing the service LTE-A from MBI TV Telecom the client will have three set up options to choose from our website.

  • A SIM Card can only be compatible with the following network approved routers for Free
  • A Huawei B315 router for Free
  • A Huawei B618 router for R999

If one of the two router options are selected as the setup fee for LTE_A and the client cancels the LTE-A service within the first 6 months of the service being active, the client will be charged a cancellation fee of R999, which they will be liable to pay for prior to MBI TV Telecom processing the cancellation

III. Service Plans:

View our Plans on our website.

 

  1. Service Plans – Add on Bundles

At any time during a Customer’s valid contract period, the Customer will have access to purchase the following Add On bundles (including VAT):

1GB @ R35

2GB @ R59

3GB @ R80

5GB @ R115

10GB @ R205

20GB @ R345

The customer will be directed to a suitable URL to purchase Add On bundles. MBI TV Telecom will ensure that this URL will be included in a Walled Garden, and will therefore be zero rated for the Customer.

  1. Validity/Expiry on Data Bundles
  • Any unused monthly data shall be forfeited at the end of every calendar month;
  • Data may not be carried over to the next calendar month;
  • Should a Customer sign a contact during a month other than on the 1st, the data and the billing will be done pro-rata accordingly for the remaining days of the month and the Customer will be billed along with the first full calendar month billing;
  • Any unused Add on bundle shall be forfeited at 23:59 on the expiry date.

 

  1. Depletion

Add on bundles will always be depleted first.

 

VII. Cancellation

  • Should the Customer decide to cancel their month to month contract, the inclusive monthly data as well as their Top-Up bundles, if applicable, will terminate at the end of the month;
  • The cost to recover the CPE from the Customer will be borne to the Customer should MBI TV Telecom be requested to arrange for the CPE to be recovered/collected from the Customer.

 

VIII Installation

  • The cost to deliver the in-door CPE will be charged to the Customer as a once-off fee for new activations;
  • The cost to install the out-door CPE will be charged to the Operator as a once-off fee for new activations; and
  • Should a Customer cancel an order on delivery as a result of lack of coverage or inadequate coverage, and the sales was made outside of the defined Coverage Area, then all incurred costs will be recovered from the customer. MBI TV Telecom will not take responsibility for any damage done to a Customer’s property by any third-party vendors.

 

  1. MBI TV Telecom Responsibility

Out of box failures will be the responsibility of MBI TV Telecom.

The following circumstances will be considered for purposes of Termination for Cause:

Reason for Termination

1 Winding up order

2 Liquidator appointed3 Receiver or administrator appointed

4 Administration order granted

5 Passed resolution of winding up

6 Material Breach

7 Failed to make due payment on 2 occasions

8 Breach of pricing Service Schedule

9 Failure to remedy breach within set period

10 Service failure for a longer period than 14 days

11 Release under legal/regulatory changes

12 Force Majeure

13 MBI TV Telecom Contract with their Network Service provider is terminated

MBI TV TELECOM TERMS AND CONDITIONS – CELL C LTE

 

PLEASE NOTE:

These product or service specific terms and conditions must always be read together with our General Terms and Conditions, which will always apply to your use of this product or service.

 

  1. Definitions

1.1. “4G LTE” means wireless broadband technology used to connect the CPE to the network;

1.2. “calendar month” means the period from the 1st day of a month to the last day of that month;

1.3. “Coverage Area” means the coverage area in South Africa within which MBI TV Telecom is providing the service, as it may be notified at any specific time;

1.4. “Customers” shall mean customers to be acquired by the Operator for the provision of Services in terms of this Service Schedule;

1.5. “GB” means gigabytes;

1.6. “R” or “Rand” means the lawful currency of South Africa;

1.7. “Network Capacity” means the number of customers or the amount of data that can be delivered to customers in a specific area defined within the Coverage Area, provided with its designated features as may be provided and modified from time to time by MBI TV Telecom

1.8. “Services” means the purchase and re-sale of the services packages as defined in Annexure 1;

1.9. “Services Plans” means the plans available as set out in Annexure 1 hereto;

1.10. “Suspended Service” means the service is no longer active on the network;

1.11. “Terminated Service” means the service is no longer live on the network.

 

  1. Suspensive Conditions

This Agreement are subject to the following Suspensive Conditions:

2.1. Obtaining of all the relevant permits that may be required for this transaction by the Parties, including, if necessary, regulatory approval;

2.2. The Coverage Area has been defined and agreed within which the Operator can undertake sales;

 

  1. Support Services

3.1. MBI TV Telecom shall use its best efforts to ensure that the services are provided optimally throughout the duration of this Service

3.2. It is recorded that MBI TV Telecom does not give or make any warranties, representations or guarantees whatsoever, whether implied or express, in relation to the availability, reliability, accuracy and security of the Network Capacity.

 

  1. MBI TV Telecom Responsibilities

4.1. MBI TV Telecom shall be responsible for providing 4G LTE on a best efforts basis and based on the exact same Quality of Service provided to all other MBI TV Telecom 4G LTE customers;

4.2. MBI TV Telecom shall send an invoice to the Client at the end of every month for the Service Plans purchased by the Client.

4.3. The Parties will enter a Tri-party agreement for the purposes of the Regulation of Interception of Communications and Provision of Communication-Related Information (“RICA”) and Protection of Personal Information (“POPI”) acts but it is herewith recorded that the Operator will remain solely responsible for adhering to the processes as defined in the aforementioned two acts in respect of their Customers. MBI TV Telecom has the right to audit the Operator after MBI TV Telecom has informed the Operator of its intention to do so in writing 5 (five) Business Days prior to the commencement of such an audit and the costs thereof will be borne by the Operator;

4.4. The Operator will be responsible to bill and collect payment from their Customers, and address any billing and payment related support queries;

4.5. The Operator will follow the defined MBI TV Telecom support process to log tickets.

 

  1. General Terms

5.1. Neither party will seek to gain access to any customer or proprietary information related to the other party’s operations;

 

  1. Expansion and Coverage

6.1. Monthly, MBI TV Telecom will issue a coverage map that defines the Coverage Areas in which Services are available;

6.2. Selling outside of the Coverage Area will result in Customers receiving no service or an impaired service. Should a customer purchase a service outside the Coverage Area, then MBI TV Telecom will not be responsible for the quality of the Service which is received or even that Service is made available;

 

  1. Warranties

7.1. MBI TV Telecom warrants that Service will be made available within the published Coverage Area to Customers on a best effort basis;

7.2. The customer warrants that it will undertake all necessary actions to be compliant with the relevant regulations, not limited to RICA. POPI, and CPA acts.

 

  1. Indemnities

MBI TV Telecom shall not be held responsible or liable for the Customers non-compliance with RICA, POPI and other relevant regulatory requirements. As such, the customer indemnifies MBI TV Telecom against any claim of whatever nature arising from its non-compliance to these acts.

 

  1. Products

MBI TV Telecom LTE- Advanced service will deliver high speed and reliable wireless broadband internet services for Customers within the pre-defined Coverage Areas. All prices in the table below are including VAT. The table below details the CELL C – LTE packages that are available for purchase by Customers.

 

III. Service Plans:

Visit our website to review our CellC LTE plans

 

  1. Service Plans – Add on Bundles

At any time during a Customer’s valid contract period, the Customer will have access to purchase the following Add On bundles (including VAT):

1GB @ R12.50

2GB @ R25

3GB @ R37.50

5GB @ R62.50

10GB @ R125

20GB @ R250

The customer will be directed to a suitable URL to purchase Add On bundles. MBI TV Telecom will ensure
that this URL will be included in a Walled Garden, and will therefore be zero rated for the Customer.

 

  1. Validity/Expiry on Data Bundles
  • Any unused monthly data shall be forfeited at the end of every calendar month;
  • Data may not be carried over to the next calendar month;
  • Should a Customer sign a contact during a month other than on the 1st, the data and the billing will be done pro-rata accordingly for the remaining days of the month and the Customer will be billed along with the first full calendar month billing;
  • Any unused Add on bundle shall be forfeited at 23:59 on the expiry date.

 

  1. Depletion

Add on bundles will always be depleted first.

 

VII. Cancellation

  • Should the Customer decide to cancel their month to month contract, the inclusive monthly data as well as their Top-Up bundles, if applicable, will terminate at the end of the month;
  • The cost to recover the CPE from the Customer will be borne to the Customer should MBI TV Telecom be requested to arrange for the CPE to be recovered/collected from the Customer.
  • There will be a R999 cancellation fee if the LTE service is cancelled within the first 6 months from date of purchase. This will apply to any LTE package option purchased with either a Huawei B618 or B315 router
  • If a RAIN LTE-A service is migrated to a Cell C – LTE service within the 6-month period, the cancellation penalty will still apply

 

VIII. Installation

  • The cost to deliver the in-door CPE will be charged to the Customer as a once-off fee for new activations;
  • The cost to install the out-door CPE will be charged to the Operator as a once-off fee for new activations; and
  • Should a Customer cancel an order on delivery as a result of lack of coverage or inadequate coverage, and the sales was made outside of the defined Coverage Area, then all incurred costs will be recovered from the customer. MBI TV Telecom will not take responsibility for any damage done to a Customer’s property by any third-party vendors.

 

  1. MBI TV Telecom Responsibility

Out of box failures will be the responsibility of MBI TV Telecom

The following circumstances will be considered for purposes of Termination for Cause:

Reason for Termination

1 Winding up order

2 Liquidator appointed

3 Receiver or administrator appointed

4 Administration order granted

5 Passed resolution of winding up

6 Material Breach

7 Failed to make due payment on 2 occasions

8 Breach of pricing Service Schedule

9 Failure to remedy breach within set period

10 Service failure for a longer period than 14 days

11 Release under legal/regulatory changes

12 Force Majeure

13 MBI TV Telecom Contract with their Network Service provider is terminated

TERMS AND CONDITIONS FOR WEB DESIGN & HOSTING

 

 

 

  • COMPENSATION

 

Client agrees to pay Designer the fees listed in the Project Proposal (invoice), including all taxes. Client will pay Designer expenses, including but not limited to:

(a) Incidental and out-of-pocket expenses at cost plus Designers standard markup of 40%

(b) Travel expenses, other than normal commuting, but including airfare and rental vehicles, with client approval.

Pricing in the Project Proposal includes only Designer fees. Any other costs, such as hosting, art licensing or photography, will be billed to Client unless included in the proposal.

 

 

  • PAYMENT

 

  • Once off design work: 50% Payment is due when Designer starts a project as listed on the invoice, and Client accepts the Deliverables for that invoice. All invoices are payable within 5 days of receipt. Invoices shall list any expenses and additional costs as separate items.
  • Month-to-month packages: 100% Payment is due upfront on the 25th of every month via our online payment gateway, and Client accepts the Deliverables for that invoice. All invoices are payable within 5 days of receipt. Invoices shall list any expenses and additional costs as separate items.

 

 

  • LATE PAYMENT

 

  • Late payment will result in the suspension of service including but not limited to: hosting, website access and email access.

 

 

  • CHANGES TO PROJECT SCOPE

 

  • If Client wants to change the Scope of Work after acceptance of this Agreement, Client shall send Designer a written Change Order describing the requested changes in detail.
  • Within 5 days of receiving a Change Order, Designer will respond with a statement proposing designers availability, additional fees, changes to delivery dates, and any modification to the Terms and Conditions.
  • Designer will evaluate each Change Order at its standard rate and charges. Client will be billed on a time and materials basis at Designers hourly rate of R450 per hour. Such charges shall be in addition to all other amount payable under this Agreement, despite any maximum budget, contract price or final price identified.
  • Designer may extend or modify any delivery schedule or deadlines in the Agreement as may be required by such changes.
  • Client will have 5 days to respond in writing accepting or rejecting the new proposal.
  • If Client rejects the proposal, Designer will not be obligated to perform any services beyond those in the original Agreement.

 

 

  • DELAYS

 

  • Client shall use all reasonable efforts to provide needed information, materials and approvals prior to the commencement of a project. Any delay by Client will result in a day-for-day extension of the due date for all Deliverables.
  • Any delay caused be conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay.
  • Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of agreement, power failure, fire, flood, acts of God, labor disputes, riots, acts of war, terrorism and epidemics.

 

 

  • EVALUATION AND ACCEPTANCE

 

  • Client shall, within 5 business days after receiving each Deliverable, notify Designer in writing of any failure to comply with the specification of the Project Proposal or of any other objections, corrections or changes required.
  • Designer shall, within 5 business days of receiving Clients notification, correct and submit a revised Deliverable to Client.
  • Client shall, within 5 business days of receiving a revised Deliverable, either approve the corrected version or make further changes. If after 3 corrections by Designer, Client finds the Deliverables are not acceptable, Client may terminate this agreement subject to the termination clauses of this Agreement. If Client fails to provide approval or comments during any approval period, those Deliverables will be considered approved and accepted.
  • All objections, corrections and changes shall be subject to the terms and conditions of this Agreement.

 

 

  • ACCREDITATION AND PROMOTION

 

  • Designer shall be entitled to place accreditation, as a hyperlink, in the form, size and location as incorporated by Designer in the Deliverables on each page of the Final Deliverables.
  • Designer retains the right to reproduce, publish and display the Deliverables in Designer’s portfolios and websites, in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses.

 

 

  • CONFIDENTIAL INFORMATION

 

  • All material considered confidential by either party shall be designated as confidential. Confidential Information shall not be disclosed to third parties and shall only used as needed to perform this Agreement.
  • Confidential Information shall not include any information that is already known by the recipient, becomes publicly known through no fault of the recipient, or is received from a third party without a restriction on disclosure.

 

 

  • RELATIONSHIP OF THE PARTIES

 

  • Designer is an independent contractor. Designer shall determine, in its sole discretion, the manner and means by which the Services are accomplished.
  • No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement.
  • Designer and the work product or Deliverables prepared by Designer shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement.

 

 

  • REPRESENTATIONS AND WARRANTIES

 

  • Client represents and warrants to Designer that to the best of Client’s knowledge, use of the Client Content does not infringe the rights of any third party. Designer represents and warranty to Client that to the best of Designer’s knowledge, the Deliverables will not violate the rights of any third parties.
  • EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS AGREEMENT, DESIGNER MAKES NO WARRANTIES WHATSOEVER. DESIGNER EXPLICITLY DISCLAIMS ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH LAWS OR GOVERNMENT RULES OR REGULATIONS APPLICABLE TO THE PROJECT.

 

 

  • INDEMNIFICATION AND LIABILITY

 

  • Client shall indemnify Designer from any and all damages, liabilities, costs, losses, expenses or attorney fees arising out of any claim, demand, or action by a third party due to materials included in Deliverables at the request of the Client.
  • THE SERVICES AND THE WORK PRODUCT OF DESIGNER ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF DESIGNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES (“DESIGNER PARTIES”), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF DESIGNER. IN NO EVENT SHALL DESIGNER BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY DESIGNER, EVEN IF DESIGNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

 

  • TERM AND TERMINATION

 

  • This agreement shall begin when both parties sign and shall continue until all Services are complete and delivered, or until the Agreement is Terminated. Either party may terminate this agreement at any time, on 30 days prior written notice if the other party breaches any of its material responsibilities or obligations under this Agreement and fails to cure that breach during that 30 day period.
  • In the case of month-to-month packages, all website content and databases will remain the property of the Designer, if the client wishes to terminate service and retain the web content they will be subject to a R2500 transfer fee.
  • Either party may terminate this agreement at any time, on written notice to the other party, if the other party ceases to conduct business in its normal course; makes an assignment for the benefit of creditors; is liquidated or otherwise dissolved; becomes insolvent; files a petition in bankruptcy; or a receiver, trustee, or custodian is appointed for it.
  • In the event of termination, Client shall pay Designer for the Services performed through the date of termination in the amount of a prorated portion of the fees due. Client shall pay all Expenses, Fees, and Additional Costs incurred through the date of termination.

 

 

  • LICENSE

 

  • Designer grants to Client a non-exclusive, perpetual and worldwide license to use and display the Final Deliverables in accordance with this Agreement. The rights granted to Client are for use of the Final Deliverables in its original form only.
  • Client may not change, create derivative works or extract portions of the Final Deliverables.

 

 

  • PRELIMINARY WORKS

 

  • Designer retains all rights in and to all Preliminary Works. Client shall return all Preliminary Works to Designer within thirty (30) days of completion of the Services.
  • All Designer Tools are and shall remain the exclusive property of Designer.
  • Designer grants Client a nonexclusive, nontransferable, perpetual, worldwide license to use the Designer Tools solely to the extent necessary with the Final Deliverables for the Project.

 

 

  • SUPPORT SERVICES

 

15.1 ONCE OFF PROJECTS:

  • During the first 3 months following expiration of this Agreement, Designer shall provide up to 2 hours of Support Services at no additional cost to Client.
  • Support Services means commercially reasonable technical support and correcting any errors or deficiencies from the original specifications.
  • Requests for additional support will be billed on a time and materials basis at Designers standard rate.
  • The services in the Warranty Period and do not include enhancements to the Project or other services outside the scope of the Proposal.

 

15.2 ALTERATIONS

  • Alteration of any Deliverable is prohibited without the express permission of Designer.
  • Designer will be given the first opportunity to make the required alterations. Unauthorized alterations shall constitute additional use and will be billed accordingly.

 

15.3 DISPUTE RESOLUTION

  • Parties agree to attempt to resolve any dispute by negotiation between the parties.
  • If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties.
  • The prevailing party shall be entitled to recover its attorneys’ fees and costs in any dispute resolved by binding arbitration or litigation.

 

 

  • GENERAL

 

  • Modifications to this Agreement must be in writing and signed by both parties.
  • Failure by either party to enforce any right or seek to remedy any breach under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach.
  • All notices under this Agreement shall be given in writing by:

(a) Email, with return confirmation of receipt;

(b) Certified or Registered mail, with return receipt requested. Notice will be effective when received, or in the case of email, on confirmation of receipt.

  • Rights or obligations under this Agreement shall not be transferred, assigned or encumbered without the prior written consent of the other party.
  • This Agreement shall be governed by the law of South Africa. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect.
  • Where possible the invalid or unenforceable provision shall be interpreted in such manner as to be effective and valid under applicable law.
  • Headings and numbering used in this Agreement are for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of this Agreement, and shall not have any legal effect.
  • This Agreement is the entire understanding of the parties and supersedes all prior understandings and documents relating to the subject matter of this Agreement.

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