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Installation Terms & Conditions

  1. INSTALLATION OF CCTV SYSTEM

1.1       WIRES AND WIFI(PTY) LTD. must carry out the CCTV System Installation during Normal Working Hours (Or as arranged otherwise) with all reasonable skill and care and perform the work in a workmanlike and professional manner.

1.2       Title to any part or parts of the CCTV System purchased by the Customer will pass upon delivery. Until payment is received in full, the Customer must:
(a) Pay full outstanding amount on completion of work as was specified in accepted quotation.

(b) until such time maintain such part or parts of it in good order and condition; and
(c) if payment is not made within 7 days of the due date, the Customer irrevocably authorizes WIRES AND WIFI(PTY) LTD. to enter its Premises and agrees that WIRES AND WIFI(PTY) LTD. is entitled to take possession of the part or parts without any liability to the Customer.

1.3       The Customer acknowledges and agrees that all cutting of ways, excavation, cable trenching, provision of 240V mains power connections, cable installation, alterations to existing equipment, interfacing with fire, heat or detection systems and lifting equipment required to work at heights are not included in the CCTV System Installation unless specified in the Offer.

1.4       WIRES AND WIFI(PTY) LTD. will not be responsible for any disruption of a network, software or equipment of the Customer caused by the impact of the interface, integration or addition of the CCTV System supplied by WIRES AND WIFI(PTY) LTD..

1.5       The Customer shall make the Premises available and in such form as to allow WIRES AND WIFI(PTY) LTD. to commence CCTV System Installation by the date specified in the Offer. The Customer agrees to ensure that the Premises must at all times be a safe working environment and (without limitation) will not contain asbestos or similar hazards. This Agreement is based upon WIRES AND WIFI(PTY) LTD. having free and uninterrupted access to the Premises at all times, and on the CCTV System being capable of being installed in a continuous sequence. Should restricted access force WIRES AND WIFI(PTY) LTD. to cease or suspend work and/or leave the Premises and return to Premises at a later time, the reasonable costs of doing so may be added by WIRES AND WIFI(PTY) LTD. to the Fees.

1.6       The Customer shall provide adequate facilities at the Premises at no cost to WIRES AND WIFI(PTY) LTD. Where required and not otherwise stated, these shall include parking facilities, Premises power, Premises lighting.

1.7       In the event that WIRES AND WIFI(PTY) LTD. has agreed to carry out the CCTV System Installation based on information provided by the Customer in relation to the condition of the Premises and WIRES AND WIFI(PTY) LTD. has quoted on the basis of such advice, any unanticipated problems that might arise on the Premises involving extra work or materials may result in WIRES AND WIFI(PTY) LTD. increasing the Fee specified in the Offer.

1.8       Minor building works including trenching, backfilling and restoration, provision of penetrations, making good, flashing, chasing, console and joinery work, provision of mounting brackets and foundation plinths are to be performed by others at no cost to WIRES AND WIFI(PTY) LTD..

1.10     If WIRES AND WIFI(PTY) LTD. is delayed in reaching completion of the CCTV System Installation by the date agreed between the parties as a result of a delay which is outside its reasonable control then WIRES AND WIFI(PTY) LTD. shall be entitled to a reasonable extension of time to complete the CCTV System Installation.

1.11     Should WIRES AND WIFI(PTY) LTD. be delayed in carrying out its work by delays caused by acts or omissions of the Customer, its servants or agents, any contractors or consultants engaged by the Customer or any head contractor or other party to which the Customer has contracted with, then WIRES AND WIFI(PTY) LTD. shall be entitled to claim the reasonable costs of the delay from the Customer, and the amount shall be a debt due and owing to WIRES AND WIFI(PTY) LTD..

1.12     The Customer may, before completion of the CCTV System Installation, request WIRES AND WIFI(PTY) LTD. in writing to vary the scope of the work involved in the CCTV System Installation which WIRES AND WIFI(PTY) LTD. may, at its sole discretion choose to accept. WIRES AND WIFI(PTY) LTD. will provide a quotation for the proposed variation, and shall advise in writing the revised Fee, any time extension necessary and the technical impact of any proposed variation. Variations shall be priced by WIRES AND WIFI(PTY) LTD. employing standard price lists or reasonable rates or prices, and shall include an amount for any design costs, management costs, overheads and profit.

1.13     WIRES AND WIFI(PTY) LTD. may substitute products or equipment offered as part of the CCTV System with technically equivalent or superior products provided that the Customer has been informed by WIRES AND WIFI(PTY) LTD. and accepts in writing the alternative product offered prior to its supply.

1.14     Notwithstanding clause 10, WIRES AND WIFI(PTY) LTD. may terminate the CCTV System Installation at any time by providing seven (7) days written notice to the Customer.

  1. ADDITIONAL SERVICES

2.1       If the Customer asks WIRES AND WIFI(PTY) LTD. to provide Additional Services and Wires And Wifi(PTY) Ltd. agrees, the terms of this Agreement apply to the Additional Services and the Customer must pay for the Additional Services at the following rate(s):

(a) if WIRES AND WIFI(PTY) LTD. has quoted an amount before providing the Additional Services, the amount quoted; and

(b) if WIRES AND WIFI(PTY) LTD. has not given any quote, an amount calculated for the Additional Services provided at WIRES AND WIFI(PTY) LTD.’s standard rates for such Additional Services applicable at that time.

  1. WARRANTY

3.1       The CCTV System supplied by WIRES AND WIFI(PTY) LTD. to the Customer under this Agreement is covered by a warranty which shall commence at the completion of the CCTV System Installation for a period of twelve (12) months.

3.2       During the Warranty Period any CCTV System equipment which proves to be faulty will be repaired or replaced by WIRES AND WIFI(PTY) LTD. at its option and at its expense.

3.3       The parties agree that when evaluating a claimed defect of the CCTV System, due allowance shall be made for fair wear and tear of any equipment supplied as part of the CCTV System. Should the Customer or any other party attempt to carry out repairs, mal-operate the CCTV System, or modify it in any way during the Warranty Period without WIRES AND WIFI(PTY) LTD.’s permission, WIRES AND WIFI(PTY) LTD. shall be relieved of its obligations under the warranty provisions.

3.4       In addition, the warranty does not cover work required to be done to repair a defect or damage which is caused by the Customer’s negligence, fault, neglect, abuse or incorrect use of the CCTV System equipment or caused by circumstances outside WIRES AND WIFI(PTY) LTD.’s control or the control of the manufacturer including as a result of vandalism, fire, water damage, power surge or other act of God.

3.5       Equipment connected to any of the Customer’s existing systems may, at WIRES AND WIFI(PTY) LTD.’s reasonable discretion, be excluded from WIRES AND WIFI(PTY) LTD.’s obligations under the warranty.

3.6       Work under the warranty provisions shall be carried out during Normal Working Hours.

 

  1. INTELLECTUAL PROPERTY

4.1       WIRES AND WIFI(PTY) LTD. retains all rights, title and interest subsisting in any design(s), documentation, diagrams or plans and other information and materials (“WIRES AND WIFI(PTY) LTD. Materials”) supplied to the Customer for the purposes of carrying out the Services under this Agreement.

4.2       Where the Customer supplies any design(s), documentation, diagrams or plans and other information and materials (‘Customer Materials’) under this Agreement, the Customer retains all right, title and interest in such Customer Materials but grants to WIRES AND WIFI(PTY) LTD. a perpetual, irrevocable, royalty free non-exclusive license to use, reproduce and modify the Customer Materials to enable WIRES AND WIFI(PTY) LTD. to fulfill its obligations under this Agreement. The Customer agrees to accept full responsibility for all Customer Materials provided to WIRES AND WIFI(PTY) LTD. under this Agreement and agrees to indemnify WIRES AND WIFI(PTY) LTD. for any action, claim, liability, cost or expense arising out of any threatened or actual infringement of intellectual property rights arising out of the use by WIRES AND WIFI(PTY) LTD. of the Customer Materials.

 

  1. DISPUTE RESOLUTION

5.1       The parties agree that they must initially use all reasonable endeavors to resolve any dispute arising under this Agreement within 10 business days of a party being advised by written notice of such a dispute.

5.2       In the event that the parties are unable to resolve the dispute within that time frame they must refer the dispute to an executive officer from each party to resolve. The parties will again use all reasonable endeavors to resolve the dispute within a further 10 business days or   such other reasonable period agreed between the parties.

5.3       If the dispute is not resolved in accordance with clause 11.2, the parties may either agree to refer the matter to mediation or some other form of alternative dispute resolution or commence legal proceedings.

 

  1. GENERAL

6.1       This Agreement constitutes the entire agreement between the parties and supersedes all prior representations, contracts, statements and understandings, whether verbal or in writing All other terms and conditions are excluded to the fullest extent permitted by law including any terms and conditions which the Customer might seek to impose.

6.2       The terms, provisions and conditions of this Agreement may only be varied by agreement in writing between the parties.

6.3       No right under this Agreement will be deemed to be waived except by notice in writing signed by each party and any failure by WIRES AND WIFI(PTY) LTD. to enforce any clause of this Agreement, will not be construed as a waiver of WIRES AND WIFI(PTY) LTD.’s rights under this Agreement.

6.4       Should any part of this Agreement for any reason be held to be invalid, unenforceable or illegal, such judgment or holding will not affect, impair or invalidate the remainder of this Agreement but shall be confined in its operation to the part of this Agreement directly involved in
the matter or proceeding and the remainder of this Agreement will remain in full force and effect.

6.5       The Agreement is entered into subject to satisfactory credit approval of the Customer by WIRES AND WIFI(PTY) LTD..

 

The Supersonic FTTH Terms and Conditions

  1. The following Terms and Conditions contain assumptions of risk and/or liability by the Customer; and limits and excludes liabilities, obligations and legal responsibilities which Supersonic FTTX Proprietary Limited (referred to as “Supersonic”) will have towards Customers and other persons.
  2. These Terms and Conditions also limit and exclude Customers rights and remedies against Supersonic and place various risks, liabilities, obligations and legal responsibilities on Customers.
  3. These Terms and Conditions may result in Customers being responsible for paying additional costs and amounts and Supersonic may also have claims and other rights against Customers.
  4. To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (“the CPA”), no provision of these Terms and Conditions is intended to contravene the applicable provisions of the CPA. Therefore, all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the CPA are complied with.
  5. The Customer must read these Terms and Conditions. Utilization of the Supersonic Fibre-to-the-Home Services (Supersonic FTTH) will constitute as agreement to comply with these Terms and Conditions.
  1. The Supersonic Fibre to the Home Service
    1. Supersonic FTTH is offered as a broadband best-effort service subject to natural contention in the network.
    2. The service is offered as an uncapped service without traffic shaping, and without quality of service (“QoS”) implementation.
    3. The base FTTH offer will only include Layer 3 internet access and support general consumer grade value added services including but not limited to voice services.
    4. Line speed offerings will be subject to those provided by the underlying Fibre Network Operator (“FNO”) on which the order is placed.
    5. In addition to these Terms and Conditions, the use of Supersonic FTTH is subject to the following:
      1. Supersonic General Terms and Conditions;
      2. Supersonic Privacy Policy
      3. Supersonic Acceptable Use Policy;
      4. Terms and Conditions specific to a price plan; and
      5. Terms and Conditions applicable to a specific promotion.
    6. The abovementioned terms and conditions, and policies are available and accessible on www.supersonic.co.za/Pages/Termsandconditions.aspx.
    7. Supersonic can only provide Fibre services in an area where there is MTN Fibre network; or where Supersonic has partnered with an FNO.
    8. Where Supersonic has partnered with an FNO, the provision of the Supersonic FTH service is subject to the FNO verifying the coverage details after the order has been placed with Supersonic.

      Supersonic FTTH consists of the residential price plans available on www.supersonic.co.za/Pages/ViewProducts.aspx for residential customers requiring a FTTH services in qualifying Supersonic Territories, available as of 22 August 2019.

  2. Placing of Orders
    1. Customers can place orders for Supersonic FTTH either online, through the Supersonic website, or through an authorised representative of Supersonic.
    2. All orders, placed online or through an authorised representative, are subject to acceptance by Supersonic.
    3. The acceptance of the order will depend on, amongst others, the correctness of the product related information reflected on the order; the availability of Fibre network in the specified location; credit vetting and receipt of payment or a payment authorisation.
    4. As the service is intended for residential use only, orders placed in the names of juristic persons i.e. businesses and trusts, will not be allowed.
    5. The Supersonic order process makes provision for a feasibility and coverage check. Supersonic will not allow an order to be placed without a successfully validated coverage check.
    6. Supersonic reserves the right to obtain information regarding the Customer’s credit worthiness from third parties i.e. credit bureaus and authorised agents, after the Customer has placed the order. An order may be accepted or rejected based on the information received from credit bureaus.
    7. The order is accepted when the customer’s Supersonic FTTH Account is activated.
  3. Service Activation
    1. The Customer must comply with the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (“RICA”) prior to a Supersonic FTTH Account being activated.
    2. RICA requires the customer to provide full names, surname, identity document number and residential address together with the relevant supporting documents, to a RICA Officer.
    3. The activation of the service is subject to the Customer accepting Supersonic’s latest terms and conditions.
  4. Contract Commencement and Duration
    1. The Supersonic FTTH contract commences on the date of activation.
    2. The Supersonic FTTH contract will remain in force on a month-to month basis.
    3. Customers who sign up for Supersonic FTTH have the right to a cooling off period of five (5) days from the day of service activation. During this period, the consumer may cancel the Supersonic FTTH contract (for whatever reason) without penalty, subject to returning all hardware received as part of the agreement and the payment of installation cost.
  5. Installation, Equipment and Connectivity
    1. Supersonic will supply a Wi-Fi router to the Customer on a free-to-use basis. This means that the Customer must return the equipment upon cancellation of Supersonic FTTH.
    2. Ownership of the Wi-Fi Router will remain with Supersonic for the duration of the Supersonic FTTH contract.
    3. The risk of loss, damage or theft of the Wi-Fi Router will transfer to the Customer upon delivery of the equipment. Where a Customer loses, damages the equipment, or the equipment is stolen, he will be liable to pay the replacement value of the equipment at the time of loss, damage or theft. Supersonic will provide another device and reserves the right to provide a refurbished device.
    4. Supersonic will only make use of equipment and hardware that has been approved by the Independent Communications Authority of South Africa (ICASA) to provide its FTTH services.
    5. Customers may make use of their own devices but may be subject to limited support as a result of limitations in compatibility with Supersonic systems.
    6. Where Customers elects to use their own equipment and devices, the customer must maintain and operate compatible equipment and devices required to access the Supersonic services. To that end, Supersonic makes no warranties, either expressed or implied, regarding such customer equipment.
    7. Supersonic undertakes to provide standard connectivity and installation at no charge, subject to the Customer maintaining Supersonic FTTH for a period of 24-months (“clawback-period”). Supersonic reserves the right to recover the remaining balance of the cost of the standard installation and activation if the Customer cancels Supersonic FTTH within 24-months of activation.
    8. Where a customer requires non-standard installation, the customer will be liable for the additional costs of installation. These additional costs will be specified in the quotation prior to commencement of installation and must be settled prior activation.
    9. Installation and connectivity costs are determined by the FNO. The Customer will be advised of the cost prior to activating the Customer Supersonic FTTH Account.
    10. The Customer will be required to grant Supersonic field service agents and their representatives access to work, internally and externally, at the customer premises for installations and maintenance. Therefore, the Customer must ensure that he has obtained all necessary consent and authorisations, including planning permission where required, from landlords, tenants and other occupants.
    11. The Customer accepts that cabling, mounts, poles, conduits and fixings will be used to complete the installation, and that these become the property and responsibility of the customer once the installation has been signed-off. This excludes network equipment like infrastructure provider installed Optical Network Terminal (“ONT”). It is the customer’s responsibility to ensure that these are maintained in operational condition to maintain safety and proper working of the service.
    12. Equipment supplied by Supersonic carries a warranty for defects that render the equipment that render it reasonably unsuitable for the purpose it is generally intended.
    13. The warranty only applies to manufacturer defects and not user-induced and/or negligent damage; or damage caused by liquid or moister intrusion.
    14. If equipment supplied by Supersonic becomes defective:
      1. the Customer must return the equipment to Supersonic.
      2. Supersonic will have the equipment repaired or replaced.
    15. Supersonic reserves the right to replace equipment with refurbished equipment.
    16. The Customer will be liable for repair or replacement cost to faulty equipment if the damage to the equipment is user-induced.
  6. Billing and Payment
    1. Subject to the conditions in clauses 3.1, 3.2 and 3.3 above being met, billing of the Supersonic FTTH account will be triggered once the services have been installed and tested, including instances where a pre-configured router has been couriered to a Customer to perform a self-installation.
    2. Supersonic will bill the customer for monthly subscription charges in advance from the time the service has been activated.
    3. Where a Supersonic FTTH Account is activated before the end of a billing cycle, the Customer will be liable for pro-rated subscription.
    4. The Customer will be billed in advance for any additional hardware and services
    5. The Customer must pay amounts due into Supersonic’s bank account within 21 business days of the invoice date.
    6. If a Customer pays by debit order or other electronic means, his bank or third party is his agent. The Customer carries the risk of payment until Supersonic receives payment into their account.
    7. Supersonic reserves the right to charge a debit order fee of R 11,50 (excluding VAT) for each unsuccessful debit order transactions.
    8. Where 2 consecutive debit orders are unsuccessful, Supersonic reserves the right to automatically change the payment method to cash and effectively terminate the debit order mandate.
  7. Suspension Rules
    1. Supersonic reserves the right to suspend billing and radius provisioning, with notice to the Customer, if Supersonic has not received payment in full.
    2. Where a Customer’s account has been suspended, he will not have access to the internet.
    3. A suspended Supersonic FTTH Account may be reactivated subject to payment of the full outstanding amounts due and a re-connection fee which is equivalent to the FNO activation charge.
    4. Where suspension continues for a period of 60 consecutive days or more, Supersonic reserves the right to deactivate the Supersonic FTTH Account subject to the FNO’s deactivation rules.
    5. A Customer may not request for his Supersonic FTTH Account to be suspended whilst he is in contract as Supersonic does not allow any kind of payment holiday arrangement.
  8. Migration Rules
    1. Customers may upgrade their services to higher priced packages at the same premises, effective immediately, subject to payment of the difference in package price, prorated until the next billing date.
    2. Customers can upgrade without a charge for the first upgrade. Subsequent upgrades will be charged at the prevailing FNO Regrading Rates.
    3. If a Customer has already received promotional value (such as free installation), he will not be eligible to receive additional promotional value when he upgrades to a service package offering the same promotional value.
    4. Where a Customer upgrades to a package offering different promotional value, Supersonic reserves the right to recover the balance of the cost of the promotional value on the old package before any new promotional value can be provided to the Customer.
    5. Customers may downgrade their services to a lower priced package at the same premises, subject to a payment of the applicable FNO Regrading Rate, effective from the next billing date. The Customer must give notice to Supersonic of his intention to downgrade on or before the 20th of the month prior to the intended effective date of the downgrade.
    6. Supersonic reserves the right to recover the remaining balance of any promotional value given to the Customer upon downgrade.
  9. Relocation Rules
    1. Customers may relocate their services from one premises to another, within the same residential area, on the Supersonic Fibre Network, subject to the following conditions:
      1. The Customer will not be eligible to receive additional promotional value (including but not limited to, standard installation) if the Customer is still within the claw-back period.
      2. If relocation takes place within an existing claw-back period, the agreement will remain in place for the initial term and no additional promotional value will be given.
      3. If new infrastructure is required for the services to be installed, Supersonic will recover the remaining balance of the promotional value and new claw-back period will commence in respect of the installation costs.
    2. Customers may relocate their services from one premises to another either on: a different Fibre network; or on the same Fibre network other than the Supersonic Fibre Network, subject to the following conditions:
      1. The initial Supersonic FTTH contract will be terminated subject to cancellation rules set out in clause 11 below.
      2. If the Customer is relocating to an area on a new Fibre network, he must elect a Fibre package equivalent to the one he has.
      3. If the Customer is relocating to an area on the same Fibre network, he will be defaulted to his current package automatically.
      4. A new order will be created for the new premises and all the rules applicable to orders, as set out in clause 2 above, will apply.
    3. Where a Supersonic technician is dispatched to install and/or reconfigure any devices as a result of a service relocation, the Customer will be liable for a Call-Out Charge on the prevailing rates.
  10. Transfer of Ownership
    1. Customers may transfer their Supersonic FTTH Accounts to another person subject to the following:
      1. both parties need to approach a RICA Agent to initiate the change of ownership process as per RICA;
      2. all outstanding amounts including amounts that Supersonic is entitled to recover during the claw-back period, must be settled by the Customer; and
      3. the transfer of the Supersonic FTTH Account is subject to the new Customer accepting Supersonic’s latest terms and conditions.
  11. Cancellation Rules
    1. The Customer may cancel Supersonic FTTH at any time by giving Supersonic notice of one calendar month.
    2. The notice must be communicated via e-mail to cancellations@supersonic.co.za or info@supersonic.co.za
    3. Supersonic reserves the right to recover any outstanding amounts including amounts recoverable in respect of promotional value received within the clawback-period and the value of any lost or damaged equipment (replacement value at the time of cancellation).
    4. The cost of promotional value is recoverable over 24-months and the remaining balance of promotional value is recoverable within the Clawback period as follows:

      Cost of promotional value (Installation and Activation Cost) / 24 X Remaining months of the Clawback-period

    5. Supersonic will instruct the relevant FNO to release the line only once the Supersonic FTTH Account has been settled in full.
  12. Service Interruptions and Support
    1. As a result of the nature of the GPON Fibre network, and the reliance on Open Access Fibre Network Operators, vendors and their partners, Supersonic is not able to offer service level agreements with the residential Fibre service. Supersonic will however, endeavour to meet the following service level commitments:
      1. critical network outages affecting an estate or suburb restored within 4 (four) business hours;
      2. major network outages affecting 100 (one hundred) or more Customers restored within 8 (eight) business hours;
      3. minor network outages affecting 10 (ten) or more customers restored within 24 (twenty-four) business hours; and
      4. individual residential Customers restored within 48 (forty-eight) business hours.
    2. The Supersonic contact centre is available on 0861 787 377 or 011 300 5800 or WhatsApp 083 200 4825 during the following time periods:
      1. weekdays between 8AM and 8PM; and
      2. weekends and public holidays between 8Am and 5PM.
    3. Where a call out can be attributed to a fault caused by the Customer, the customer will be charged a call out fee.
  13. Changes to the Service and, Terms and Conditions
    1. Supersonic reserves the right at any time to modify, suspend or discontinue the services, with notice, without liability to the Customer or any third party.
    2. Supersonic reserves the right from time to time to vary the charges of these services as may be deemed necessary in its discretion, with notice
    3. The Customer must visit Supersonic website regularly for notices, updates and/or changes to products and services.
    4. As changes will be posted on the Supersonic website, the Customers continued use of the products and/or services will be deemed acceptance of the amended rules.
  14. Limitation of Liability
    1. Subject to a fixed limit, Supersonic only accepts liability for direct loss or damages suffered by the Customer, for which Supersonic is responsible for in terms of law, with the exception of loss or damages (direct or indirect) caused by:
      1. Supersonic’s failure to supply or deliver equipment or services on the required date and/or time.
      2. The suspension, interruption or cancellation of Supersonic FTTH through no negligent or failure by Supersonic (and its representatives and agents).
      3. The legal suspension of the Customer’s Supersonic FTTH.
      4. Any acts or omissions by Supersonic and its representatives or agents, that are beyond its control.
      5. The Customer’s use of any equipment supplied to him by Supersonic.
    2. Supersonic’s cumulative maximum liability for all claims, actions. Demands and proceedings, irrespective of the cause, is limited to one month’s subscription payable in terms of the Supersonic FTTH contract.
  15. Complaints Handling Procedure
    1. Supersonic has a complaints resolution procedure that aims to address any dissatisfaction with its products and services.
    2. Complaints can be communicated via email and on our social media pages.
    3. Supersonic will endeavour to acknowledge your complaint within 48 hours and provide the Customer with a reference number.
    4. Supersonic will endeavour to investigate and provide feedback on the complaint within 14 working days.
    5. If the Customer is not satisfied with the resolution of the complaint, he has the right to refer the matter to:
    6. The Internet Service Provider’s Association (ISPA) on queries@ispa.org.za; or
    7. the Independent Communications Authority to South Africa (ICASA) on icasa.org.za.

The Supersonic F-LTE Terms and Conditions

  1. The following Terms and Conditions contain assumptions of risk and/or liability by the Customer; and limits and excludes liabilities, obligations and legal responsibilities which Supersonic FTTX Proprietary Limited (referred to as “Supersonic”) will have towards Customers and other persons.
  2. These Terms and Conditions also limit and exclude Customers rights and remedies against Supersonic and place various risks, liabilities, obligations and legal responsibilities on Customers.
  3. These Terms and Conditions may result in Customers being responsible for paying additional costs and amounts and Supersonic may also have claims and other rights against Customers.
  4. To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (“the CPA”), no provision of these Terms and Conditions is intended to contravene the applicable provisions of the CPA. Therefore, all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the CPA are complied with.
  5. The Customer must read these Terms and Conditions. Utilization of the Supersonic Fixed-LTE Services (Supersonic F-LTE) will constitute as agreement to comply with these Terms and Conditions.
  1. Introduction
    1. The Supersonic F-LTE service is a residential fixed broadband service utilising LTE spectrum on MTN South Africa’s mobile network to deliver fast internet connectivity to the home.
    2. Supersonic F-LTE is a fixed broadband service that will be offered as a stand-alone product to Supersonic Customers who reside within MTN Fixed-LTE coverage areas.
    3. The Supersonic F-LTE service will only be available on LTE technology, it will not fall back to 3G or 2G technology.
    4. Supersonic F-LTE service will only provide a public dynamic IP address, and no fixed IP address VAS is allowed.
    5. Supersonic F-LTE service does not support traditional mobile voice, SMS and USSD services.
    6. The Supersonic F-LTE service makes use of a Supersonic private APN (ws.supersonic.fwa) which the Customer may need to manually configure on to the router.
    7. Supersonic can only provide F-LTE services in an area where there is MTN SA Fixed LTE coverage.
    8. The provision of the Supersonic F-LTE service is subject to the verification of the coverage after the order has been placed with Supersonic.
    9. In addition to these Terms and Conditions, the use of Supersonic F-LTE is subject to the following:
      1. Supersonic General Terms and Conditions
      2. Supersonic Privacy Policy
      3. Supersonic Acceptable Use Policy;
      4. Terms and Conditions applicable to a specific promotion.
      5. The abovementioned terms and conditions, and policies are available and accessible on supersonic.co.za/Pages/Termsandconditions.aspx.
    10. This Supersonic F-LTE offer will available from the 13th of December 2019 and until Supersonic in its sole and absolute discretion elects to discontinue the service.
  2. What the Price Plan entails
    1. The Supersonic F-LTE service is offered as a capped data product, and Supersonic will not allow any Out-Of-Bundle data usage or charging.
    2. The Supersonic F-LTE price plans will receive both Anytime Data and Night Express Data (same volume for both). The Night Express Data is available for use between 00:00 – 05:59 only.
    3. The standard inclusive (Anytime and Night Express Data) that remains unused at the end of a billing cycle will carry over once. The Customer will not be allowed to exceed more than 2 times the inclusive value at the beginning of a bill cycle.
    4. The unused Top-Up value purchased from self-service channels – will carry over once.
    5. The Supersonic F-LTE data with the earliest expiry will deplete first, in the following sequence:
      1. Night Express Data (only between 00:00 and 05:59)
      2. Unused Top-up data
      3. Monthly any-time data rolled over from the previous month
      4. Monthly any-time data allocated for that month
    6. Supersonic F-LTE inclusive value and Top-Up value can only be transferred between Supersonic F-LTE accounts/users.
  3. Placing of Orders
    1. The Customer must comply with the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (“RICA”) prior to a Supersonic F-LTE Account being activated.
    2. As per RICA, a Customer must provide proof of full names, surname, Identity Document number and residential address to a RICA officer when purchasing a SIM card.
    3. Supersonic will allow the service to be activated when there is compliance with RICA. Service Activation may take between 2 (two) and 24 (twenty-four) hours after Supersonic has received the RICA documents from the RICA officer.
    4. SIM cards will be locked to a Supersonic approved range of devices. If other devices are used, those devices will not be recognised by or register on the Supersonic F-LTE network.
    5. SIM cards will be locked to the location for which the application was placed and will not register to the Supersonic F-LTE network if used in a different location.
    6. The activation of the service will be considered acceptance of all the terms and conditions applicable to the service.
  4. Service Activation
    1. The Customer must comply with the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (“RICA”) prior to a Supersonic F-LTE Account being activated.
    2. As per RICA, a Customer must provide proof of full names, surname, Identity Document number and residential address to a RICA officer when purchasing a SIM card.
    3. Supersonic will allow the service to be activated when there is compliance with RICA. Service Activation may take between 2 (two) and 24 (twenty-four) hours after Supersonic has received the RICA documents from the RICA officer.
    4. SIM cards will be locked to a Supersonic approved range of devices. If other devices are used, those devices will not be recognised by or register on the Supersonic F-LTE network.
    5. SIM cards will be locked to the location for which the application was placed and will not register to the Supersonic F-LTE network if used in a different location.
    6. The activation of the service will be considered acceptance of all the terms and conditions applicable to the service.
  5. Contract Commencement and Duration
    1. The Supersonic F-LTE contract commences on the date of activation.
    2. The Supersonic F-LTE SIM-only contract will remain in force on a month to month basis until terminated by either party.
    3. Customers who sign up for Supersonic F-LTE have the right to a cooling off period of five (5) days from the day of service activation.
    4. During this period, the consumer may cancel the Supersonic F-LTE contract (for whatever reason) without penalty, subject to returning all hardware received as part of the agreement and the payment of SIM, delivery and activation cost.
  6. Installation, Equipment and Connectivity
    1. The Customer will be provided an approved Supersonic router on a free-to-use basis with each Supersonic F-LTE package.
    2. The delivery and SIM card will be provided free of charge.
    3. The risk of loss, damage or theft of the router will transfer to the Customer upon delivery of the equipment.
    4. Customers will be liable to pay Supersonic the replacement value of the router at the time, in the event of loss or theft, thereof.
    5. In the event of theft or loss of a router and/or SIM card, the Customer has a statutory obligation to report such loss or theft to the South African Police Services immediately, and to request Supersonic to suspend such SIM Card.
    6. Supersonic will only make use of equipment and hardware that has been approved by the Independent Communications Authority of South Africa (ICASA) and network approved by MTN SA to provide its F-LTE services.
    7. Equipment supplied by Supersonic carries a warranty for defects for a period of 12 (twelve) months.
    8. The warranty only applies to manufacturer defects and not user-induced and/or negligent damage; or damage caused by liquid or moisture intrusion.
    9. If equipment supplied by Supersonic becomes defective:
      1. the Customer must return the equipment to Supersonic.
      2. Supersonic will have the equipment repaired or replaced.
    10. Supersonic reserves the right to replace equipment with refurbished equipment.
    11. Faulty SIM cards will be replaced at no charge within the first 12 (twelve) months.
    12. Supersonic will not perform any SIM-swaps
    13. The Customer will be liable for repair or replacement cost to faulty equipment if the damage to the equipment is user-induced.
  7. Billing and Payment
    1. Subject to the conditions in 4 above being met, billing of the Supersonic F-LTE account will be triggered once the SIM card has been activated.
    2. Supersonic will bill the Customer for monthly subscription charges in advance from the time the service has been activated.
    3. Where a Supersonic F-LTE Account is activated before the start of the next billing cycle, the Customer will be not liable for pro-rated subscription charges, but will be allocated a pro-rated volume of data.
    4. The Customer will be billed in advance for any additional hardware and services, including Top-Up data purchases.
    5. The Customer must pay amounts due into Supersonic’s bank account within 2 (two) business days of the invoice date.
    6. If a Customer pays by debit order or other electronic means, his bank or third party is his agent. The Customers carries the risk of payment until Supersonic receives payment into their account.
    7. Supersonic reserves the right to charge a debit order return fee of R11,50 (excluding VAT) for each unsuccessful debit order transactions.
    8. Where 2 consecutive debit orders are unsuccessful, Supersonic reserves the right to automatically change the payment method to cash and effectively terminate the debit order mandate.
  8. Suspension Rules
    1. Supersonic reserves the right to suspend billing and provisioning of recurring data balances, with notice to the Customer, if Supersonic has not received payment in full.
    2. Where a Customer’s has been suspended, he will not have access to the internet unless there is a carry-over of data which has not expired.
    3. A suspended Supersonic F-LTE Account may be reactivated subject to payment of the full outstanding amounts due.
  9. Migration Rules
      li>Customers will not be allowed to migrate from a Supersonic F-LTE price plan to any MTN tariff plan and vice-versa.
    1. Supersonic F-LTE Customers may migrate to other Supersonic services like Fibre to the Home subject to the applicable FTTH price plan terms and conditions including the availability of a fibre network coverage in the applicable area.
    2. Data caps are non-transferable between carrier technologies, and customers who migrate between capped and uncapped FTTH price plans and Supersonic F-LTE price plans will forfeit all available data for the price plan migrated from.
    3. Customers will be allowed to migrate from legacy Supersonic F-LTE packages to this new Supersonic F-LTE offer subject to the cancellation clauses applicable those legacy Supersonic F-LTE packages, and will forfeit any unexpired data on those packages when migrating to this new Supersonic F-LTE offer.
    4. Customers who signed up for legacy Supersonic F-LTE packages with 24-month router contracts, will be allowed to upgrade to these packages and the router agreement will be converted to “free-to-use”. The customer will forfeit any monthly contributions to ownership of the router prior to this migration.
  10. Upgrade and Downgrade Rules
    1. Supersonic F-LTE packages will not incur penalties or charges for upgrades or downgrades.
    2. The Customer will need to notify Supersonic in writing of upgrade or downgrade requests by the 20th of the month for the change to become effective from the following billing period, subject to changes in base subscription costs.
    3. The subscriber shall retain any applicable carry-over data accumulation when upgrading or downgrading.
  11. Relocation Rules
    1. If a Customer changes their physical location from an area with F-LTE coverage to another with F-LTE coverage, Supersonic will require an update of location in the register used for location locking on the network. Customers will be required to notify supersonic of the intention to move 30-days before moving, and supersonic will only allow the Customer to move a maximum of 4 (four) times in a one-year cycle.
    2. Where a Customers changes locations to an area that does not have F-LTE coverage, he/she must cancel the contract. Cancellations are subject to cancellation charges for Customers on a 24-month contract.
  12. Cancellation Rules
    1. The Customer may cancel Supersonic F-LTE at any time by giving Supersonic notice of one calendar month.
    2. The notice must be communicated via e-mail to cancellations@supersonic.co.za or info@supersonic.co.za.
    3. Customers who cancel a Supersonic F-LTE service agreement will be liable to return the router to Supersonic at their cost upon cancellation, in a reasonable and working condition, or be charged the replacement value of the router at time of cancellation.
    4. Cancellation within the first six (6) months of initial activation of a Supersonic service agreement , will incur an additional charge of R600 (incl. VAT) which is amortised over the said six (6) month term.
  13. Transfer and Change of Ownership
    1. The Supersonic F-LTE Price Plan is not transferable
  14. Service: Interruptions and Support
    1. Due to the nature of the mobile network, Supersonic makes no guarantees on service quality and availability.
    2. Supersonic will not be held responsible for a service being interrupted and/or failing due to an interruption in the network or any other reason.
    3. The Customer is ultimately responsible for his/her use of the Supersonic F-LTE service from the activation of the services. Therefore, Supersonic, will not be held liable for any loss or damage that results from the use of the services.
    4. Supersonic reserves the right, in its sole and absolute discretion, to terminate or suspend the Customers services or access to the network services where Supersonic suspects abuse of its network, Supersonic F-LTE, any of its services, fraud, criminal activity or where the Customer’s participation is placing an unreasonable constraint on the MTN network which may impact the experience of other MTN Customers.
    5. The Supersonic contact centre is available on 0861 787 377 or 011 300 5800 or WhatsApp 083 200 4825 during the following time periods:
      1. weekdays between 8AM and 8PM; and
      2. weekends and public holidays between 8Am and 5PM.
    6. Where a call out can be attributed to a fault caused by the Customer, the Customer will be charged a call out fee.
  15. Changes to the Service and, Terms and Conditions
    1. Supersonic reserves the right at any time to modify, suspend or discontinue the services, with notice, without liability to the Customer or any third party.
    2. Supersonic reserves the right from time to time to vary the charges of these services as may be deemed necessary in its discretion, with notice
    3. The Customer must visit Supersonic website regularly for notices, updates and/or changes to products and services.
    4. As changes will be posted on the Supersonic website, the Customers continued use of the products and/or services will be deemed acceptance of the amended rules.
  16. Limitation of Liability
    1. Subject to a fixed limit, Supersonic only accepts liability for direct loss or damages suffered by the Customer, for which Supersonic is responsible for in terms of law, with the exception of loss or damages (direct or indirect) caused by:
      1. Supersonic’s failure to supply or deliver equipment or services on the required date and/or time.
      2. The suspension, interruption or cancellation of Supersonic F-LTE through no negligent or failure by Supersonic (and its representatives and agents).
      3. The legal suspension of the Customer’s Supersonic F-LTE.
      4. Any acts or omissions by Supersonic and its representatives or agents, that are beyond its control.
      5. The Customer’s use of any equipment supplied to him by Supersonic.
    2. Supersonic’s cumulative maximum liability for all claims, actions. Demands and proceedings, irrespective of the cause, is limited to one month’s subscription payable in terms of the Supersonic F-LTE contract.
  17. Complaints Handling Procedure
    1. Supersonic has a complaints resolution procedure that aims to address any dissatisfaction with its products and services.
    2. Complaints can be communicated via email and on our social media pages.
    3. Supersonic will acknowledge your complaint within 48 hours and provide the Customer with a reference number.
    4. Supersonic will investigate and provide feedback on the complaint within 14 calendars days.
    5. If the Customer is not satisfied with the resolution of the complaint, he/she has the right to refer the matter to:
      1. The Internet Service Provider’s Association (ISPA) on queries@ispa.org.za; or
      2. the Independent Communications Authority to South Africa (ICASA) on icasa.org.za