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:
1.2.4.1 Wisurf can not be held responsible for the lack in, or absence of, quality of services that do not reside on the wireless network.
1.2.4.2 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 WhatsApp and phone calls at fixed time schedules specified on the Wisurf website.
2.2.1 After hours telephonic support schedule:
Home Packages
- Weekdays: 17:00 till 20:00
- Saturdays: 09:00 till 16:00
- Sundays: 09:00 till 13:00
- Public Holidays: 09:00 till 13:00
Business Packages
- Weekdays: 17:00 till 22:00
- Saturdays: 09:00 till 22:00
- Sundays: 09:00 till 20:00
- Public Holidays: 09:00 till 20:00
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 3rd 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.
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.
5.7 Wisurf does not consider social media platforms such as Twitter®,
Facebook®, or similar sites as valid channels for reporting faults. Public postings about clients’ faults and concerns on these platforms will be viewed as an attempt to damage Wisurf’s reputation and may be considered a legal offense known as “Crimen Injuria,” which refers to defamation or injurious falsehood.
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 Communications with Wisurf and its Staff
6.4.7.A Clients will be held liable for any malicious conduct directed towards Wisurf or its staff in any way or form via any of Wisurf’ communication channels.
6.4.7.B Any form of aggression, abuse, bullying, offensive language, intimidation directed at Wisurf or its staff on any platform or forum will be deemed abusive behaviour and will be deemed as a breach of our Acceptable Usage Policy and may be considered a legal offense known as “**Crimen Injuria,” which refers to defamation or injurious falsehood. Wisurf reserves the right to suspend and/or discontinue any and all services.
6.4.7.C The use of any platform, medium or communication channel to spread false information/allegations or any attempt to bring the name of Wisurf or its employees into disrepute will be deemed as a breach of our Acceptable Usage Policy and may be considered a legal offense known as “**Crimen Injuria,” which refers to defamation or injurious falsehood. Wisurf reserves the right to suspend and/or discontinue any and all services.
**(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. Debit Order Authority and Mandate
8.1 Acceptance of Mandate
By selecting “Accept” to the Debit Order Authority and Mandate on the Wisurf application form, the Client (or Account Holder) acknowledges and agrees to the following terms, which constitute the full Authority and Mandate, and form an integral part of the overall Terms and Conditions published herein.
8.2 The Agreement and Authority to Issue Payment Instructions
This signed Authority and Mandate refers to the service contract (“the Agreement”) entered into between the Client and Wisurf Internet Solutions. The Client hereby authorizes Wisurf to issue and deliver payment instructions to the bank for collection against the Client’s nominated account (or any other account/branch to which the Client may transfer the account). The sum of such payment instructions will never exceed the Client’s obligations as agreed to in the Agreement.
8.3 Payment Instructions and Processing
The individual payment instructions so authorized to be issued must be issued and delivered as follows:
The debit order will be effected on the Last / 15th day (“payment day”) of each and every month commencing on the agreed commencement date.
If the payment day falls on a Saturday, Sunday, or a recognized South African public holiday, the payment will be automatically be the very next ordinary business day.
Withdrawals hereby authorized will be processed through a computerized system provided by the South African Banks.
If there are insufficient funds in the nominated account to meet the obligation, Wisurf is entitled to track the account and re-present the instruction for payment as soon as sufficient funds are available.
The Client acknowledges that all payment instructions issued by Wisurf shall be treated by the bank as if the instructions had been issued by the Client personally.
8.4 Penalty Charges
A 10% bank penalty charge will be added to next month’s debit order for all debit orders dishonored by the Client’s bank.
8.5 Termination and Cancellation
This Authority and Mandate is continuous and remains in force until terminated by the Client by giving Wisurf notice in writing of no less than 20 ordinary working days.
The Client shall not be entitled to any refund of amounts withdrawn while this authority was in force if such amounts were legally owed to Wisurf.
Although this Authority and Mandate may be cancelled by the Client, such cancellation will not be ceded or assigned to a third party. In the absence of such assignment of the Agreement, the Authority and Mandate cannot be assigned to any third party.
SPECIAL Terms and Conditions Addition
Discounted 6-Month Offer
- The SPECIAL offer provides a fixed price for 6 months of a 50% discount on the regular price.
- After the initial 6-month period, the discounted (non 50% off) price remains fixed for the remaining 18 months of the contract.
Upgrade and Downgrade Policy
- Upgrades to a higher-tier plan are allowed during the remaining 18-month period.
- Downgrades to a lower-tier plan are not permitted during the remaining 18-month period.
Cancellation and Downgrade Penalties
- If the SPECIAL offer is canceled or downgraded within the initial 6-month period, a penalty fee of R2000.00 will apply.
- If the SPECIAL offer is canceled or downgraded during the remaining 18-month period, a penalty fee of R1500.00 will apply.
Non-Payment of Penalties
- Failure to pay the applicable penalty fee within the specified time frame may result in disconnection of services and potential legal action.
Client Responsibility for Data Quality and Accuracy:
The client acknowledges their responsibility under the Protection of Personal Information Act (POPIA) for ensuring the quality, completeness, and accuracy of the personal information they provide to The Company, specifically including the email address used for communication. While The Company implements security measures and an email verification process (requiring the email to be entered twice), this is an additional safeguard and does not absolve the client of their primary duty to ensure correctness. The Company shall not be liable for any unauthorized disclosure of the client’s personal information to a third party, or any resulting damages or losses, where such disclosure results directly from the client providing an incorrect or misspelled email address that was entered and confirmed by the client through the application form. The client agrees that the verification process is a mitigation tool and not a guarantee against client-input errors.
Malicious Submission, Fraud, and Contractual Rights:
The Company reserves the right, at its sole discretion, to immediately cancel this application and any subsequent contract for services, including but not limited to the provision of internet connectivity, without prior notice, if it is determined that the application form has been submitted maliciously, fraudulently, or repeatedly to harass or to attempt to create a false or edited document. The client acknowledges that all form entries are automatically logged and tracked with unique serial identifiers for security and verification purposes. In the event of a cancellation due to malicious or fraudulent conduct related to this application, and where a fixed-term contract (e.g., a 24-month contract) has been entered into, the client will be deemed to be in material breach of the contract. The Company shall be entitled to recover from the client the full remaining balance of the contract amount, including any outstanding fees, penalties, or equipment costs, in accordance with the terms of the service agreement and as permitted by South African law, specifically the Consumer Protection Act (CPA) regarding fixed-term agreements.
Additional Terms
- All other terms and conditions of the original contract remain in effect.
- These additional terms and conditions apply solely to the SPECIAL offer.
Please note that these terms and conditions are subject to change with a 30-day notice to existing clients respecting the Consumer Protection Act.