Broadband Fibre To The Home

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

Note that these terms apply only to MWEB’s FTTH product and will not cover any line rental terms.

MWEB FTTH Service Terms

These terms have been divided into 6 sections, which we summarise below:

PART A – GENERAL PROVISIONS

These provisions are applicable to all products, unless otherwise indicated in the Part applicable to a specific Product

PART B – CAPPED PRODUCTS

These provisions are only applicable to our capped FTTH products ("Capped Products").

PART C – MITCHELL’S PLAIN FIBRE

These provisions are only applicable to the Vumatel 12 Month Contract Fibre Service.

PART D – VUMA REACH FIBRE

These provisions are only applicable to the Vuma Reach Fibre Service.

PART E – OPENSERVE WEB CONNECT

These provisions are only applicable to the Openserve Web Connect Service.

PART F – FROGFOOT ACCESS HOME AIR

These provisions are only applicable to the Frogfoot Access Home Air Service.

PART A: GENERAL PROVISIONS

1. DEFINITIONS

Unless the context clearly indicates the contrary, any term defined in the General Terms and Conditions when used herein, shall bear the same meaning as defined in the General Terms and Conditions. To the extent that there is any contradiction between the General Terms and Conditions and these MWEB FTTH Service Terms the following order of precedence shall apply: (i) these MWEB FTTH Service Terms; and (ii) the General Terms and Conditions. In these MWEB FTTH Service Terms:

1.1 AUP means MWEB's Acceptable Use Policy which forms part of our General Terms and Conditions or which can also be found on our Website at https://www.mweb.co.za/legal-notices/policies/acceptable-use-policy;

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

1.3 Booster means the additional amount of data added to your Base Cap once the Base Cap has been depleted, as more fully set out in clause 11;

1.4 Booster Based Billing means that you will not be able to continue to use the Internet once you have reached your Base Cap unless you buy a Booster;

1.5 Fixed Term Agreement means a contract for the provisioning of the FTTH Service for a fixed term period as indicated on the Application Form;

1.6 Free-To-Use Router means it is provided by MWEB at no extra cost when you sign up. If you cancel or switch providers, you may need to return it or pay a fee. You could still be charged for internet service and other fees.

1.7 FTTH Customer Portal means the FTTH Website provided by the FTTH Line Installer;

1.8 FTTH Line means a Fibre To The Home line;

1.9 FTTH Line Installer means the installer of the FTTH Line to your home;

1.10 FTTH Service means the provisioning of the FTTH service that enables you to send and receive data and email and access to the Internet using a FTTH Line provided by the FTTH Installer;

1.11 FTTH Website means the website located at https://myaccount.mweb.co.za;

1.12 Frogfoot Home Air means the FTTH Service that is provided by Frogfoot;

1.13 GB means Gigabyte;

1.14 MB means Megabyte;

1.15 30 Day Service means the pre-paid access FTTH Service which expires automatically 30 (thirty) consecutive days after being activated;

1.16 Monthly Recurring Service means the pre-paid access FTTH Service that only expires once an instruction is received by Vumatel from MWEB to cancel that FTTH Service to cater for users who have elected to pay for their FTTH Services as a recurring monthly payment through the Payment Merchant

1.17 Out of Bundle Billing means you will automatically be charged per MB for Out of Bundle Usage;

1.18 Out of Bundle Usage means any data (per MB) used by you once your Base Cap has been reached, in other words, data used over and above your Base Cap;

1.19 Service Fee means the amount which we will charge you for the FTTH Service selected by you, as recorded on the FTTH Customer Portal or FTTH Website; and

1.20 Shaped means that traffic is prioritised and channeled in a specific order, for example web browsing and email traffic will be prioritised;

1.21 Throttle means the bandwidth management practice used to manage Internet traffic whereby your connection speed may be reduced based on your usage patterns and usage history at the discretion of MWEB;

1.22 Uncapped means there is no limit placed on the total volume of traffic uploaded or downloaded, however the AUP may place additional restrictions on usage behaviour beyond illegal or unlawful usage. Customers not adhering to the AUP may have their services limited or soft capped;

1.23 Unshaped means that the traffic is not prioritised and channeled in a specific order. The first service requested is delivered first; and

1.24 Voucher means a specific code created by MWEB and used by you to activate and redeem the Mitchell’s Plain Fibre Services.

1.25 Voucher: 30 Day Service means a pre-paid access Voucher which provides access to the Mitchell’s Plain Fibre Services and which access expires automatically 30 (thirty) consecutive days after being activated or redeemed;

1.26 Vuma Reach Fibre Service means the FTTH Service provided upon purchase of a 30 Day Service or Monthly Recurring Service;

1.27 Web Connect means the FTTH Service that is provided by Openserve;

1.28 Website means www.mweb.co.za.

1.29 Free-To-Use Router means it is provided by MWEB at no extra cost when you sign up. If you cancel or switch providers, you may need to return it or pay a fee. You could still be charged for internet service and other fees.

2. SIGNING UP AND COVERAGE

You pay one bill to MWEB for your FTTH Service and FTTH Line rental.

If you do not have an existing FTTH Line MWEB or one of its approved installers will get the line installed. If you have an existing FTTH Line but have signed up with another ISP you will need to cancel with such ISP before we can provide you with our FTTH Services. You can transfer your existing FTTH Line to MWEB, under which circumstances you indemnify MWEB against any damages or penalties which may arise from the termination of your agreement with any other ISP or FTTH provider for the FTTH Service or the installation of the FTTH Line.

Before any installation can occur we will need to verify that you have FTTH coverage at your premises. Should you not have FTTH coverage we cannot provide you with an FTTH Line or any FTTH Service.

An installation fee may be payable by you for the installation of the FTTH Line. You will be advised of this fee prior to installation should such fee be applicable.

3. BILLING

3.1 You will pay MWEB for any Out of Bundle Usage, monthly in arrears by way of debit order, or such other manner as agreed.

3.2 If you signed up or switched over to the FTTH Service in the middle of any calendar month, your first bill will include a pro-rata portion for the remaining period of the month in which you signed up plus the Service Fee for the following month.

3.3 Unless otherwise indicated in these MWEB FTTH Service Terms payment will be effected as per clause 8 of the General Terms and Conditions.

4. FTTH PRE-REQUISITES

4.1 You are required to have a FTTH Line in order to make use of the FTTH Service.

4.2 The FTTH Service is not available everywhere. You are responsible for installing the FTTH Line before you subscribe to the FTTH Service.

4.3 If not provided by MWEB, you need to obtain your own FTTH router or network switch.

5. CONCURRENCY

You will only have one FTTH connection to the FTTH Service at any given time.

6. RE-GRADING

6.1 You may choose to upgrade or downgrade your FTTH Service.

6.2 We may charge an additional fee for re-grading. You will be responsible for the payment of applicable re-grade fees.

7. FAULTS

All faults may be logged telephonically or on the Mweb portal. Where a technician is required to attend to a fault and the Fibre Line Installer determines that a fault was caused by you, you will be responsible for any applicable call-out fees.

8. INSTALLATION AND CABLING

Installation is based on the Fibre Line Installer’s standard installation. The equipment used and cable distance can change from time to time as determined by the Fibre Line Installer. Additional cabling requirements will be billed separately.

9. DISCLAIMER

We may use or rely on upstream providers to provide the FTTH Service or certain portions thereof. We accordingly provide the FTTH Service subject to the limitations and terms imposed on us by such upstream providers, which includes the actual availability of the upstream provider's network.

10. AUP

All our products are offered subject to the conditions contained in our AUP. By using our products you agree to be bound by the terms and conditions of our AUP.

PART B: CAPPED PRODUCTS (Section 11 only applicable to Capped Products)

11. MEASURES TO CONTROL OUT OF BUNDLE USAGE WHERE A BASE CAP APPLIES

11.1 We have measures available to limit your access to the FTTH Service when you reach or exceed your Base Cap, which are implemented subject to the provisions of clause 11.5. For more details on measures to control your Out of Bundle Usage, please visit the FTTH Website or contact our call centre.

11.2 You can select either the Booster Based Billing or the Out of Bundle Billing options by logging on to the "My Account" self-administration portal on the FTTH Website. The default billing option for most FTTH Service packages are Out of Bundle Billing. For example, if you have not selected the Booster Based Billing option on My Account you will automatically continue on the Out of Bundle Billing option. In other words, you will automatically be charged per MB for every additional MB you use over your Base Cap. Please contact us if you are unsure which billing option you are on in order to avoid any unexpected charges.

11.3 If you have selected the Booster Based Billing option and you reach or exceed your Base Cap, you will only be able to use the FTTH Service to access the FTTH Customer Portal. You will however have no access to local and international websites or content until the start of the next month, unless you buy a Booster; or increase your Base Cap to a higher GB factor.

11.4 If you did not select the Booster Based Billing option you will in most instances default to the Out of Bundle Billing option. This means that, once you reach or exceed your Base Cap, you will immediately be charged per MB for any further data used.

11.5 Disclaimer

11.5.1 Because FTTH Services are session based technology, we do not guarantee the efficiency of any measures available to limit your usage, including without limitation any safety lock.

11.5.2 We accordingly do not accept responsibility if you exceed your Base Cap, and we will charge you for Out of Bundle Usage at our prevailing rates.

11.5.3 You are therefore responsible for monitoring and controlling your use of the FTTH Service.

11.6 Out of Bundle Usage and Billing

11.6.1 From time to time, in any given month, we may allow you, at our discretion, to exceed your Base Cap without stopping your access to the FTTH Service. You will then be in Out of Bundle Usage and Out of Bundle Billing will apply.

11.6.2 However, if we allow you to exceed your Base Cap in this manner, it will merely constitute a temporary indulgence on our part. It will not constitute a waiver of any of our rights, including (without limitation) our right to stop your access to the FTTH Service if you exceed your Base Cap at any time in the future.

12. NIGHT TIME DATA

At certain times MWEB may run promotions for free night time data between the hours of 00h00 and 08h00 "Night Time Data".

This promotion will not always run and you will be advised of the times when it does apply through marketing and promotional material sent to you. Night Time Data will only be free of charge when a valid promotion is running.

PART C – VUMATEL 12 MONTH CONTRACT

13. CONTRACT TERM AND TERMINATION

13.1 The agreement shall commence upon the activation date and endure a term period of 12-months on the contract rate, thereafter the contract will revert to a month-to-month package on the standard Vumatel fibre rate at the time the 12-month contract ends.

13.2 In the event of early termination of the contract, you will be liable for the outstanding pro-rata amount of the installation, connection, and the remaining balance of the monthly subscription (as applicable) should you cancel the contract within the first 12-month period from the service activation date. If you cancel your service, you will be billed for your router, or you may return it to us in its original condition, in its original packaging.

13.3 Our Fibre routers are provided at no charge for the duration of your subscription with Mweb and while utilizing the applicable service. In the event of service cancellation, you will incur charges for the router unless returned to us in its original condition and packaging.

- You will have 20 days from the date of deactivation of your service (at the end of your notice period) to return the router.
- If your router is not returned within the 20 days, you will be billed for it, and ownership will transfer to you.
- When returning your router remember to include your name and Mweb customer code.
- Router returns will not be accepted if more than 20 days have passed since your account deactivation.
- You are responsible for covering all courier costs associated with returning the router.
- You will incur charges equivalent to the original retail value of the router.
- Once the router becomes your property, it will no longer be covered by Mweb`s insurance/warranty process, and we will not assume responsibility for any damage or malfunctions.

14. RE-GRADING

14.1 You may choose to upgrade or downgrade from one product to another within the 12-month contract product period. We may charge an additional fee for re-grading. You will be responsible for the payment of applicable re-grade fees.

PART D – VUMA REACH FIBRE

15. BILLING AND CANCELLATION

15.1 30 Day Service

15.1.1 Once you have selected the 30 Day Service product on our Website you will be directed to an external payment gateway to make payment via a credit card or debit card. Please follow the instructions on this page to complete the payment. Once your payment has been processed, a successful payment screen will be presented and MWEB will email you a receipt.

15.1.2 You may purchase a maximum of six consecutive 30 Day Service packages at one time.

15.1.3 A registration process will be required before you can use the payment gateway service, and your use of the payment gateway service will be subject to the terms and conditions of that third party website.

15.2 Monthly Recurring Service – Credit Card/Debit Card

This option may only be available at MWEB’s sole discretion from time to time. If this option is available, and you choose this option, then:

15.2.1 Once you have selected the Monthly Recurring Service by credit card or debit card option you will be directed to a payment gateway where you will provide details of your debit card or credit card. Your payment information will be saved on the payment gateway website and will be subject to the terms and conditions of that third party website.

15.2.2 Your card will be debited via the payment gateway for the first month’s service upon sign up.

15.2.3 After the first payment has been received, future payments will be debited via the Payment Gateway from this card on the date selected for the month ahead as this service is billed in advance.

15.2.4 Should any of these payments be unsuccessful you will not be able to access the Vuma Reach Fibre Service in the following month as the service will be suspended and you will have to re-apply for the service should you want to make use of it again.

15.3 MWEB is not liable for the payment gateway website and services and shall not be liable to you or any third party for any loss or damages or problems in respect of the payment gateway service or website and you indemnify MWEB against all claims from third parties in this regard.

15.4 Should you wish to cancel the Vuma Reach Fibre Service, you will need to provide MWEB with 15 (fifteen) days’ notice before the next payment or debit date.

15.5 Vuma Reach Fibre Services and their service levels are based on a “best-effort” basis and therefore no credits will be issued for downtime.

PART E – OPENSERVE WEB CONNECT

16. DATA, COVERAGE AND EQUIPMENT

16.1. Openserve is the Fibre Line Installer for the Web Connect product and provides the FTTH Service for the Web Connect product.

16.2. Data is provided by the Fibre Line Installer and not Mweb. As such, you are subject to Fibre Line Installer’s Fair Use Policy, as specified below:

Speed	OWC
10Mbps	200GB
20Mbps	300GB

Once the threshold has been reached, the FTTH Service will be downgraded to 20% of the ordered product speed. During peak hours, you may not experience the full speed if the Fibre Line Installer’s FUP is applied.

16.3. The Web Connect product is available only in select Openserve locations.

16.4. All equipment provided to you for the purposes of the FTTH Service shall remain the exclusive property of the Fibre Line Installer. You agree to take reasonable care with such equipment; you may not sell, lease, mortgage, transfer, assign or encumber such equipment; you may not re-locate such equipment without the Fibre Line Installer’s knowledge and written permission; you will inform any landlord that such equipment is owned by Openserve and therefore not subject to any landlord’s hypothec; and if such equipment is lost, stolen or damaged or sold, leased, mortgaged, transferred, assigned, encumbered or not returned, you agree that you may be required to pay the Fibre Line Installer the reasonable value of such equipment, together with any costs incurred by Mweb or the Fibre Line Installer in seeking possession of such equipment.

16.5. Indemnity

16.5.1 Mweb is not liable for actions and/or omissions of the Fibre Line Installer and shall not be liable to you or any third party for any claim or loss or damages or problems in respect of, caused by or arising from the Fibre Line Installer in relation to exercising any provision of the Fibre Line Installer’s FUP and you indemnify Mweb against all losses, damages or claims from third parties in this regard.

PART F – FROGFOOT ACCESS HOME AIR

17. DATA, COVERAGE AND EQUIPMENT

17.1 Frogfoot is the Fibre Line Installer for the Access Home Air product and provides the FTTH Service for the Access Home Air product.

17.2 The Access Home Air product is available only in selected Frogfoot Access Home Air locations.

17.3 The Access Home Air product will be delivered over WiFi only.

17.4 Only 10 devices per delivery point.

17.5 You are responsible for obtaining required approvals (such as landlord approval) for installation at the premises.

17.6 You can upgrade to the standard Frogfoot products, but this will require a reinstallation cost. This is the same for customers downgrading from standard Frogfoot products to Frogfoot Home Air.

17.7. All equipment provided to you for the purposes of the FTTH Service, unless purchased by you, shall remain the exclusive property of the Fibre Line Installer. You agree to take reasonable care with such equipment; you may not sell, lease, mortgage, transfer, assign or encumber such equipment; you may not re-locate such equipment without the Fibre Line Installer’s knowledge and written permission; you will inform any landlord that such equipment is owned by Frogfoot and therefore not subject to any landlord’s hypothec; and if such equipment is lost, stolen or damaged or sold, leased, mortgaged, transferred, assigned, encumbered or not returned, you agree that you may be required to pay the Fibre Line Installer the reasonable value of such equipment, together with any costs incurred by Mweb or the Fibre Line Installer in seeking possession of such equipment.

17.8 Frogfoot will provide equipment with an original manufacturer’s warranty.

17.9 If repairs or replacements have to be done on equipment that is not covered under a manufacturer’s warranty or that has been damaged by anybody other than the Fibre Line Installer, then in addition to clause 17.8 above the Fibre Line Installer shall charge its full installation rate for the call-out to repair/replace faulty equipment.

18. FREE-TO-USE ROUTER

Our Fibre routers are provided at no charge for the duration of your subscription with Mweb and while utilizing the applicable service. In the event of service cancellation, you will incur charges for the router unless returned to us in its original condition and packaging.

- You will have 20 days from the deactivation of your service (at the end of your notice period) to return the router.
- If your router is not returned within the 20-day period, you will be billed for it, and ownership will transfer to you.
- When returning your router, ensure your name and Mweb customer number/code are included.
- Router returns will not be accepted if more than 20 days have passed since your account deactivation.
- You are responsible for covering all courier costs associated with returning the router.
- You will incur charges equivalent to the original retail value of the router.
- Once the router becomes your property, it will no longer be covered by Mweb`s insurance/warranty process, and we will not assume responsibility for any damage or malfunctions.