Fibre Boyz LTE-A: Subscriber Terms and Conditions
In this Agreement, unless inconsistent or otherwise indicated by the context, the following terms shall have the following meanings:
1.1 “Agreement” means the Application, Subscriber Terms and Conditions, read with the website terms and conditions and any other legal documentation provided on the Broadlink website to which you have accepted.
1.2 “Application” means the online request for initiation of the Service and/or provision of Hardware.
1.3 “Fibre Boyz” means Fibre Boyz (Pty) Ltd with registration no. 2017/386810/07
1.4 “Charges” means charges related to the provision of Services, including but not limited to, the connection charges, monthly service charges, usage charges, charges related to value-added services provided to the Participant in terms of the Agreement, once-off costs for activation of Services, costs of subsidizing the Hardware, administration costs, postage charges, Hardware restoration costs, packaging costs and any other charges pertaining to the provision of the Services.
1.5 “Confidential Information” means any information regarding Rain that is not publicly available to the Subscriber, including this Agreement.
1.6 “Coverage Map” is the map as presented on the Website.
1.7 “Data” means electronic representations of information in any form.
1.8 “Data Package” means the amount of Data that the Subscriber chose in terms
of the Services to be provided.
1.9 “Effective Date” means the date of commencement of the relevant Agreement as specified herein.
1.10 “Electronic Communications Act” means the Electronic Communication Act No. 36 of 2005.
1.11 “Electronic Communications Service” shall have the meaning as ascribed thereto in the Electronic Communications Act
1.12 “Electronic Communications Network Service” shall have the meaning ascribed thereto in the Electronic Communications Act
1.13 “Family Member” shall have the same meaning as defined in Regulation of Interception of Communications-Related Information, No. 70 of 2002.
1.14 “Hardware” means the hardware type approved by Rain and/or other applicable user hardware including the following devices: Huawei B618,
B315, B2338,ZTE MF253, MF283+ ,MF286 and any such devices as may be specified and provided by Rain from time to time.
1.15 “IMEI Number” means the International Mobile Equipment Identity number that is reflected on each device and is ascribed to each Participant
1.16 “Installation” means the act of the Participant switching on and connecting the Hardware to the Service.
1.17 “Licence” means the national mobile data telecommunication license granted to the Network Operator, Rain, to provide a national mobile data telecommunication service by means of a mobile data network.
1.18 “MDN” means the mobile data network established and operated by the Network Operator in terms of its License.
1.19 “Online Service” means our website or site and any other service that we offer electronically, including mobile applications.
1.20 “Parties” refers to the person(s) and service provider(s) involved in this Agreement.
1.21 “Regulator” refers to the Independent Communications Authority of South Africa (ICASA).
1.22 “RICA” shall mean the Regulation of Interception of Communications and
Provision of Communication-Related Information Act, 70 of 2002.
1.23 “Services” refers to the provision of an LTE-Advanced service by Fibre Boyz LTE-A to the Subscriber, including Electronic Communication Service and Electronic Communications Network Service.
1.24 “SIM-Card” means a smart card that is has an ICCID number that is unique to each Participant
1.25 “Subscriber” means any person who enters the site and accepts the terms and conditions contained herein in the Application and procures the Service and Hardware, including your legal guardian.
1.26 “Termination Date” means the date of expiry after Subscriber has given notice of termination.
1.27 “user”, “you” and “your” means any person who enters the site and accepts the terms and conditions contained herein, including your legal guardian.
1.28 “VAT” means Value Added Tax as provided for in the Value Added Tax Act, Act 89 of 1991.
1.29 “website” means www.fibreboyz.co.za
- Conditions of access to site:
2.1 By accessing any of the pages available on this online service, you agree to
the terms and conditions contained herein, which govern the use thereof.
2.2 Furthermore, you confirm that these terms and conditions apply to all information that is accessed using the site.
2.3 Your access to, and use of the site as well as any mobile applications or third- party website, is subject these terms and conditions as well as any other policy documents available on the website.
- Use of the Hardware and Services:
3.1 Ownership of the Hardware will vest in the Subscriber for the duration
of the Agreement.
3.2 The monthly allocation of data to the account is stipulated in the Application according to the Service that was chosen by the Subscriber.
3.3 Any unused data or services provided will be considered as forfeited.
3.4 Should you proceed to transfer the Hardware or Sim-Card to a third party, other than a Family Member, it your responsibility to notify us in writing, so that we may complete the RICA process.
3.5 The SIM-Card may for the duration of the Agreement not be handed over, transferred or given to a third party without the written consent of Fibre Boyz. It is your responsibility to notify us of your intention to do same.
3.6 Should the Hardware or Sim-card provided be lost, destroyed or stolen it is your responsibility to notify the police, within a reasonable time thereof.
3.7 The Agreement does not constitute a service level agreement and Fibre Boyz shall not be held liable for the failure to perform any obligations as a result of technical problems related to the network operations, the terminations of the licenses to operate the network, an act of God, government intervention, restrictions or prohibitions due to government act or omission, act of default or lapse by any supplier or subcontractor or sub processor, industrial disputes and/or any other cause that is beyond the control of Rain.
3.8 The website may only be used for lawful purposes.
3.9 You warrant that you will not use the website and online services for the following:
3.9.1 illegal purposes, in violation of any law;
3.9.2 harmful purposes;
3.9.3 the disclosure, sharing or publishing of material that is defamatory,
offensive, obscene, objectionable, menacing, sexist, racist, pornographic or prohibited;
3.9.4 the transmission of material that is in breach of confidence or in breach of intellectual property rights; and
3.9.5 make use of services for the formation, storage or disbursement of unsolicited mass distribution of “junk mail”, “spam”, chain letters, SMS, and/or other communication.
3.10 You may not for purposes other than your personal use, store or print copies of the website. You may not cache information provided by the site on your own server and copy, adapt or modify or re-use the content of the website without the prior written consent of Fibre Boyz.
3.11 Any abusive or malicious behavior towards Fibre Boyz staff will not be tolerated and you, as the user of the Service and Hardware, agree thereto.
- Applications and Initiation:
4.1 The Hardware and Services will be provided to the Subscriber as described in the Application that forms part of the Agreement.
4.2 It is your responsibility to choose the Service and Hardware based on your needs that are required and agree thereto.
4.3 Fibre Boyz reserves the right to refuse the commencement of the Service based
on the Subscriber’s prior conduct.
4.4 The Agreement shall commence on the date that you confirm the acceptance of the terms and conditions contained herein, being the Effective Date, and terminate after notice has been given by the Subscriber, according to the method stipulated herein.
4.5 You agree to provide Fibre Boyz with true and correct information so that they may provide a service to you as well as granting them permission to process your personal information that has been given on the website.
5.1 The information contained on this website is provided by Fibre Boyz. It is made available for general information purposes only and is provided on an “as is and available” basis.
5.2 In no event will we be held liable for any loss or damage, including
without limitation, indirect or consequential loss or damage, and/or loss or
damage whatsoever arising from loss of data or profits arising out of, or in
connection with, the use of this website. Fibre Boyz does not guarantee that the
site and the contents thereof, or the use of the site, the contents, Broadlink servers
nor any electronic communication sent by Fibre Boyz, is free of viruses or harmful components, will be uninterrupted, complete, timely and secure.
5.3 We will take reasonable steps to keep the information up to date, and correct, we make no representations nor 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 that you place on such information is therefore is strictly at your own risk.
5.4 Fibre Boyz will not be responsible for any incomplete, inaccurate or inadequate information that has been supplied by you.
6.1 To the full extent permitted by the law, you indemnify and hold Fibre
Boyz harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages that may arise directly or indirectly out of a breach of the terms and conditions by you, or arising out of or in connection with the failure or delay in the performance of the online services and/or your use of the online services.
6.2 Excluding losses caused by the gross negligence of Fibre Boyz or intentional misconduct, you will be liable for an action whether based on contract, negligence or any other action, or the use of the online services.
6.3 Fibre Boyz shall not be held liable for the failure to perform any obligations as a result of technical problems related to the network operations, the terminations of the licenses to operate the network, an act of God, government intervention, restrictions or prohibitions due to government act or omission, act of default or lapse by any supplier or subcontractor or sub processor, industrial disputes and/or any other cause that is beyond the control of Fibre Boyz.
6.4 You accept that some of the information, content, tools or materials on the site come from external sources, and you concede that Rain is not responsible nor liable for any of the information and content that has been received from these external sources.
- Service Availability:
7.1 Fibre Boyz cannot guarantee that the requested Service and Hardware may be available upon receipt of an application from you.
7.2 The supplying of the Service by Fibre Boyz is subject to their confirmation that it will be technically feasible to do so.
7.3 It is necessary that the Subscriber falls under the current network coverage that is available to the general public. Fibre Boyz does not warrant or guarantee that the Service is available for any one specific area and shall accept no liability in the event that the Coverage Map on the Website does differ from the Service that is provided at any point in time.
7.4 The Subscriber will be formally notified, in writing, via email, whether or not the Service and Hardware can be provided.
7.5 The Service is dependent on the signal availability and the Demand for the Service in the relevant area.
- Services and Hardware:
8.1 Fibre Boyz offers the Service and Hardware using the application process on the website. It is the Subscriber’s responsibility to ensure that the choice of Service and Hardware meets their own requirements. Should a Subscriber proceed to choose the incorrect Service or Hardware, Fibre Boyz will not be held liable for compensation, costs or damages that may occur as a result.
8.2 The cooling-off period as described in Section 44 of the Electronic Communications Act is applicable to the signing up for the Service and Hardware.
8.3 The suitability of the Service is dependent on the information that has been provided by the Subscriber and Broadlink does not warrant the suitability of the Service and Hardware beyond the requirements that were given by the Subscriber.
8.4 Should the Company find it necessary to stop offering a particular Service or piece of Hardware, they reserve the right to do so. It is the responsibility of the Company to either provide the Service and Hardware for the amount of time that is remaining and has been paid for, alternatively the Subscriber will be given a refund for the amount.
- Payment and Penalties:
9.1 The Subscriber will be billed a once off fee of R1000.00 or R1599.00 relevantly for the Hardware.
9.2 The Subscriber will subsequently be billed Subscription fees monthly, according to the Service that was chosen in their completed Application.
9.3 Subscriptions that are activated before 30 November 2017 will qualify for free data in accordance to the Service that was chosen in their Application. Free data provided to the Subscriber will be double that which they have chosen to pay for per month up until the expiry date of 30 November 2018.
9.4 The Service will be provided only on the basis that the Subscriber meets the necessary credit checks that are conducted after their consent has been obtained.
9.5 Should the Subscriber not meet the minimum credit rating required by Fibre Boyz they will be notified via email thereof and the Application denied.
- Debit Order Authorisation:
10.1 The Subscriber, by concluding this Application and providing their banking details, authorizes Fibre Boyz to debit their nominated bank account with the amount that pertains to the Service or Hardware that they chose in their Application. The amount taken will be a pro rata amount upon the conclusion of the Application process, the amount due for the Hardware and thereafter a once off amount per month, at the beginning of each month.
10.2 The Subscriber authorizes Fibre Boyz’s nominated agent to debit their bank account on Fibre Boyz’s behalf.
10.3 The debit order authority will remain in force until the termination of the Agreement by either party and not prior to the settling of any outstanding fees or penalties that may be levied.
10.4 The Subscriber agrees that Fibre Boyz may cede, delegate or assign any of its rights or obligations in terms of debit order instruction on the Application, without having obtained the consent of the Subscriber
The Subscriber may however not cede, delegate or assign any of their rights and obligations as per the debit order instruction without having first obtained the consent of Fibre Boyz.
- Term and Termination:
11.1 The contract will operate on a month-to-month basis.
11.2 Fibre Boyz or the Subscriber may terminate the agreement, by giving 1 (one) calendar months’ notice in writing to firstname.lastname@example.org or email@example.com.
11.3 Either party may terminate the Agreement where there has been a breach and which has not been remedied within 7 (seven) days of having been given notice in writing to do so.
11.4 Fibre Boyz may terminate the Agreement by written notice, without liability in the instance that their agreement with the upstream licensee or Network Operator has been terminated.
11.5 If Fibre Boyz were to agree to the acquisition or transfer of any or all
of its Services to another entity such agreements will be transferred to the
acquiring entity, at the sole discretion of the Company. Any Subscriber’s that
may be affected will be notified in writing thereof.
11.6 The monthly statement shall be sent by Fibre Boyz to the Subscriber at the e- mail address supplied by the Subscriber in the Application. The parties shall ensure that, if the statement is incorrect, it is reconciled to reflect the correct status of affairs in relation to the Services rendered during and after the termination of the Agreement.
11.7 Any migration from one Data Package to another shall for the duration of this agreement be subject to Fibre Boyz’s approval in its discretion and they shall be entitled to levy fees for migrations, but which fees may not exceed the amounts approved or fixed by the responsible regulatory authority from time to time.
11.8 The Service Provider will charge a cancellation penalty in respect of the costs actually incurred and any administration costs for any Agreement that is terminated
- RICA Processing:
12.1 Fibre Boyz will ensure that the Subscriber is taken through the RICA process as part of the Application and all RICA documentation must be provided when delivering the Hardware, to the Subscriber.
12.2 It is required that the Subscriber personally hand over the documents to the courier service so that they may verify all of the information and record the data.
12.3 The courier may refuse to handover the Hardware should the RICA process not have been finalised or if the Subscriber was not there to personally take ownership thereof.
- Changes and/or Amendments:
13.1 Fibre Boyz reserves, to the fullest extent permitted by law, the right to alter, delete and/or insert (change) any terms and conditions, content, online services and the like contained herein.
13.2 Any changes/s may be made without prior notice or explanation. Such changes will be made available on the site and your continued use of the site will mean that you accept and agree to such changes.
13.3 The current version of this site will apply each time that you access and use the site. Please ensure that you familiarize yourself with the contents of this site regularly.
- Suspension and Termination of Services:
14.1 Fibre Boyz may suspend or terminate the service in its discretion by
providing email notification, should the following occur:
14.1.1 If the client were to commit a serious or repeated breach, engage in any activity that would have a negative impact on the Company and its Subscriber’s or staff;
14.1.2 should any part of the Subscriber’s fee that is levied per month not
have been settled in full via the debit order authorization;
14.1.3 If any of the information that had been provided by the Subscriber is proved to be false and incorrect; and/or
14.1.4 If Fibre Boyz is of the opinion that the Service and Hardware will r has been used for illegal activities.
14.2 Fibre Boyz reserves the right to suspend or terminate the Subscriber’s Agreement without notice, depending on the seriousness of the breach. Fibre Boyz will however endeavour to provide the Subscriber with written notice where possible.
14.3 Upon the suspension or termination of the Service the Subscriber:
14.3.1 will not be provided with reimbursement or compensation, unless
Fibre Boyz’s discretion they have agreed thereto;
14.3.2 may be prevented from signing up for any services provided by Fibre Boyz in the future; and/or
14.3.3 may be reported to the relevant authorities and credit bureaus.
14.3.4 The period of suspension that may be decided on, will be reasonable and based on the circumstances that leas thereto.
15.1 Fibre Boyz websites are designed and intended for use by adults. Access to certain parts of the Fibre Boyz websites and/or eligibility to receive prizes, samples or other rewards may be limited to users over a certain age. We may use your personal information to carry out age verification checks and enforce any such age restrictions.
15.2 Whilst every effort has been made by Fibre Boyz and its suppliers of information to ensure that children are prevented from accessing adult content, we make no representations or warranties, whether express or implied, and assume no liability or responsibility for the competent performance of these access controls that have been put in place.
15.3 Where the Fibre Boyz site is intended for use by a younger audience,
we will obtain consent from a parent or guardian before we collect personal information where we feel it is appropriate to do so or where it is required by applicable laws and regulations. If you are a child over the age where parental
consent is required, you should review the terms of this Privacy Notice with your parent or guardian to make sure you understand and accept them.
15.4 If we discover that we have collected information from a child without consent from a parent or guardian where such consent should have been obtained, we will delete that information as soon as possible.
16.1 Fibre Boyz for the purpose of this Agreement choose their domicilia citandi et executandi as:
Block D, Ground Floor
8 Greenstone Place
Stoneridge Office Park
16.2 The Participant’s chosen domicilium citandi et executandi and for delivery of all notices arising out of the Agreement, will be that which was given during the completion of the Application.
16.3 Any notice or communication required or permitted to be given in terms of this agreement shall be valid and effective only if in writing but it shall be competent if given by email.
- Confidentiality and Intellectual Properties:
17.1 The Parties reciprocally –
17.1.1 Each Party, including its employees, agents and/or representatives hereby undertake that they shall not disclose or otherwise reveal to any person or entity in any way whatsoever nor make commercial use of any Confidential Information it may have access to by virtue of its involvement in the work related to the Agreement without the prior written consent of the other Parties.
17.1.2 Each Party agrees to protect the confidentiality of the Confidential Information of the other Parties in the same manner that it protects the confidentiality of its own proprietary and Confidential Information of like kind, but in no event shall each Party exercise less than reasonable care in protecting such Confidential Information. Access to the Confidential Information shall be restricted to: (i) the personnel engaged in a use permitted in terms of this Agreement and (ii) professional legal advisers of any one of the Parties.
17.1.3 The Parties agree that all Confidential Information to which the they
may be exposed to in terms of this Agreement may constitute “Personal
Information” as defined under the Protection of Personal Information Act
(Act No 4 of 2013) and as such they shall adhere to any legislative requirements thereto in dealing with or in handling
such Personal Information.
17.1.4 The Parties agree that this clause will remain in force notwithstanding the termination of this Agreement.
18.1 It does not constitute a waiver of any right or provision of these terms and conditions, should Rain fail to exercise any particular right or provision. Unless the parties have agreed to in writing, it shall not amount to a waiver of such right.
18.2 The terms and conditions are deemed to be severable. If any provision of this document is held to be illegal, invalid or unenforceable, then such provision is deemed to be deleted without affecting the remaining provisions.
18.3 The Agreement constitutes the whole agreement between the parties as to subject matter and no agreements, representation or warranties between the parties regarding the subject matter hereof other than those set out herein are binding on the parties.
18.4 No addition or variation, consensual cancellation or novation of this Agreement and no waiver of any right arising from this Agreement or its breach or termination shall be of any force or effect unless reduced to writing and signed by all parties or their duly authorized representative.
18.5 The parties agree that any legal action or proceedings arising out of or in connection with this Agreement may be brought in the High Court of South Africa, Gauteng Local Division and irrevocably submit to non-exclusive jurisdiction of such court.
- Topping up of Data:
19.1 Any Subscriber that wished to top up on Data will do so on the website as per the instructions that will be provided. Any pricing or promotions that are on offer to the Subscribers may not apply to the top up of Data.