Terms & Conditions
1. Wireless internet service offering:
1.1 Wisurf supplies the client with access to the internet.
1.2 All Wisurf services are provided at best effort and with no service guarantees. The client utilizes the Wisurf services at the client’s own risk. Wisurf services do not guarantee dedicated speed, and or 100% availability and uptime:
1.2.1 Real download and upload speeds are dependent on the achievable wireless connection quality first and then the selected client bandwidth package.
1.2.2 Wisurf does not hold responsibility for periods of deteriorated service quality due to weather changes and or interference within ISM bands on the wireless network.
1.2.3 Wisurf provides the client with packages in a shared environment to Budget package clients and near-dedicated to Premium package clients.
1.2.4 While Wisurf endeavours to maintain the smooth running and operation of the wireless network and client radio connections to the wireless network:
126.96.36.199 Wisurf can not be held responsible for the lack in, or absence of, quality of services that do not reside on the wireless network.
188.8.131.52 Wisurf does not hold responsibility for national and international internet grid problems or downtimes outside the wireless network.
1.3 In no event will Wisurf be held liable for any loss or damage including and without limitation to any indirect or consequential loss or damages, or any loss or damage whatsoever arising from loss of data and or profits arising out of, or in connection with, the use of Wisurf services. The client utilises Wisurf services at the client’s own risk.
1.4 The client acknowledges that Wisurf does not exercise control over the contents of data passing through the infrastructure and internet, including but not limited to any website, electronic mail, newsgroup transmissions and other material created or is accessible over its infrastructure.
1.5 Wisurf shall not be held responsible for 3rd party programs and services such as Facebook, browser-based games, online games and any 3rd party email, hosting or other services.
1.6 All clients are required to submit to Wisurf adequate contact details, as required by the Wisurf service application forms, or any changes thereof.
1.7 For cancellation of service, a calendar month paid notice period shall apply for monthly service contracts. The full term of a service contract shall apply for long-term contracts.
1.8 All Enterprise packages are subject to a two year contract without the right of early cancellation by the client.
1.9 All clients are required by law to submit their RICA documentation to Wisurf.
1.10 The Wisurf Acceptable Usage Policy, or AUP, applies to all Wisurf clients.
2. Telephonic support:
2.1 To report a fault, clients should familiarize themselves with the Wisurf fault reporting procedures specified for each package.
2.2 Wisurf shall provide telephonic support services through a call centre at fixed time schedules specified on the Wisurf website.
2.3 Electronic communications, SMS and Whatsapp, may be sent at any time on a 24-hour basis.
2.4 Wisurf reserves the right to only respond to real emergencies during non-support hours.
3. Call-out support:
3.1 Wisurf shall, at best effort or, as specified by a service level agreement, aspire to maintain a stable connection between the client's radio and the wireless network. The connection extends from the client's radio to the network termination point.
3.2 Wisurf shall not be held responsible for the client's internal network running beyond the network termination point from the client's radio. The packages do not cover such responsibility.
3.3 On-site support during weekdays from 08h00 till 17h00, excluding public holidays:
3.3.1 Transport to and from clients, shall always be charged at AA rates.
3.3.2 The cost of at least one hour labour charged at R450 shall be payable by the client on arrival.
3.3.3 Additional labour will be charged at R450 per hour.
3.3.4 For reasons beyond Wisurf’s responsibilities stated above, and in the absence of a service level agreement, the client shall not be entitled to free on-site support.
3.4 On-site support during weekdays from 17h00 till 22h00:
3.4.1 Transport to and from clients, shall always be charged at AA rates.
3.4.2 The cost of at least one hour labour charged at R550 shall be payable by the client on arrival.
3.4.3 Additional labour will be charged at R550 per hour.
3.5 On-site support during 08h00 till 17h00 weekends and public holidays:
3.5.1 Transport to and from clients, shall always be charged at AA rates.
3.5.2 The cost of at least one hour labour charged at R550 shall be payable by the client on arrival.
3.5.3 Additional labour will be charged at R550 per hour.
4. Equipment rental:
4.1 Any equipment rented from Wisurf falls under the responsibility of the client.
4.2 Should any damage or theft occur to rental equipment, for whatever reason, the client is required to replace the equipment at their own cost.
4.3 Equipment rental shall not include any insurance cover, and the client is required to insure the equipment themselves.
4.4 All equipment rental is subject to a two year contract term, without the right of early cancellation by the client, unless a penalty of R1000 is paid, including a calendar month paid notice.
4.5 Except for equipment that the customer had fully paid for, all equipment installed or provided by Wisurf remains the property of Wisurf and the client agrees that:
4.5.1 The client will take reasonable care of such equipment.
4.5.2 The client may not sell, lease, mortgage, transfer, assign or encumber such equipment.
4.5.3 The client may not re-locate such equipment without Wisurf's knowledge and permission.
4.5.4 The client will inform any landlord that such Equipment is owned by Wisurf and therefore not subject to any landlord’s hypothec.
(The "landlord's hypothec" is a common law protection remedy landlords can use to collect rental arrears from tenants. This provision allows a landlord to sell the tenant's movable goods that are on the leased premises if the tenant fails to pay the rent.)
4.5.5 The client will return such equipment to Wisurf, at the client's expense, upon termination of the services to which the equipment is related.
4.5.6 The client agrees that if the client's account is in arrears Wisurf reserves the right to retrieve the equipment to cover the outstanding account balance.
5. Financial responsibility:
5.1 Wisurf supplies all packages on a prepaid basis. Payments are to be made one month in advance, starting the first day of the month.
5.2 All clients are required to sign a debit order form. Wisurf shall reserve the right to collect any outstanding amounts by a debit order run against the defaulting client’s account. Any failed debit order collection shall result in a penalty fee against the client.
5.3 Unless otherwise arranged with the accounts department, the cut-off date for non-payment is the 7th of every month. Reconnection fees shall then apply to defaulting clients.
5.4 If the client refrains from paying call-out charges, Wisurf shall reserve the right to cut the client’s service/s immediately. Reconnection fees shall then apply.
5.5 Should the client default payment for a period longer than two months, Wisurf shall reserve the right to terminate the client’s service connection unless the client agrees to pay all outstanding amounts. Reconnection fees shall then apply.
4.5.6 The client agrees that if the client's account is in arrears Wisurf reserves the right to retrieve the equipment to cover the outstanding account balance, whether the equipment was purchased in full, paid off or on a rental the previously stated 4.5.6 will apply.
6. Acceptable Use Policy:
6.1 This policy serves to define the accepted behaviour of clients on the wireless network. Upon receipt of a complaint, or having become aware of any abusive, disruptive and or security breach incident, Wisurf reserves the right to implement the appropriate steps to prevent usage patterns that violate this AUP, as follows:
6.1.1 Monitor the system to identify incidents.
6.1.2 Manage or shut down ports and protocols affected by viruses, worms or other malware.
6.1.3 Throttle service speed for specific ports or protocols.
6.1.4 Throttle the offending client's connection speed.
6.1.5 Inform the corporate client network administrator of the incident and require the network administrator or network owner to deal with the incident according to Wisurf's Terms & Conditions.
6.1.6 Temporarily suspend the offending client's account and disconnect the client's wireless network connection. Reconnection fees shall then apply.
6.1.7 Charge the offending client for administrative and technical costs due to the incident.
6.1.8 Terminate the service of clients who have been previously warned and continue to abuse the network through improper or excessive use.
6.1.9 Share information concerning the incident with the South African Internet Service Providers Association and or report the client to law enforcement agencies.
6.1.10 Implement any one or more of the steps listed above against the offending client, as deemed necessary by Wisurf.
6.2 This allows Wisurf, at best effort, to:
6.2.1 Maintain network and client security.
6.2.2 Maintain integrity and quality of service.
6.2.3 Maintain fair use of service to all clients.
6.2.4 Protect the client's network infrastructure from abuse.
6.2.5 Adhere to the current laws and regulations of governing organizations and service providers in the countries they operate in.
6.2.6 Co-exist within the global internet community as a responsible service provider.
6.3 The following incidents are deemed unlawful and subject to immediate termination of service and legal action:
6.3.1 Downloading and distributing copyrighted material.
6.3.2 Publishing and or distributing child pornography.
6.3.3 Spam, mass messaging and or email transfer rates.
6.4.4 Constantly uploading potential virus streams.
6.4.5 Hacking or attempting to hack external or internal infrastructure.
6.4.6 Causing an IP ban on any form of electronic media (mail servers, chatrooms, websites, social networks, gaming servers, etc.)
6.4.7 Demonstrating irresponsible or disrespectful behaviour towards Wisurf or Wisurf staff falls under Crimen Injuria (Crimen injuria is a crime under South African common law, defined as the act of unlawfully and intentionally impairing the dignity or privacy of another. The law of crimen injuria protects one's constitutional right to human dignity and allows for criminal prosecutions.).
7. Website Disclaimer
7.1 The information contained on this website is for general information purposes only. The information is provided by Wisurf and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
7.2 In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
7.3 Through this website you are able to link to other websites which are not under the control of Wisurf. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
7.4 Every effort is made to keep the website up and running smoothly. However, Wisurf takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
8. Please note that these terms and conditions are subject to change with a 30-day notice to existing clients respecting the Consumer Protection Act.