TERMS AND CONDITIONS
1. Simply Wireless Stilbaai establishes a communication link between the CLIENT Premises Equipment (CPE) and the Simply Wireless Stilbaai network.
All services are delivered via this link and through Simply Wireless Stilbaai's licensed network.
The service connection is available 24-hours per day. We endeavour to provide advance warning of any expected maintenance or other issues expected to cause outages or interruptions in service.
Should network service be affected by extreme weather, hardware breakdowns or other unexpected reasons, we will respond as soon as it is safe to attend to any problems. In such circumstances we send alerts by SMS/WHATSAPP with expected resolution time where this is possible.
2. The Simply Wireless Stilbaai service is working and delivered if internet is available from the LAN cable of the CPE equipment installed.
3. End-user support does not include training on your devices. Our support may be able to assist, but our focus is on maintaining the network.
Users must enrol for whatever training or knowledge bases online or offline as may be required for you to run your own devices, software, and online services most effectively. This includes use of software, email and general operation of any devices and related hardware.
4. Where incorrect operation causes faults that must be corrected by specialists, these services are charged at the rates applicable to that service or specialist.
Wherever possible, we provide remote telephonic support which may include being able to access devices via the network to resolve issues such as Wi-Fi password setting etc.
5. The CLIENT agrees to access via the Simply Wireless Stilbaai network under the technical conditions pertaining to the subscription package chosen.
6. The service provider can source our standard and approved range of equipment.
Upon ordering equipment, the client is expected to pay our list prices for the equipment plus courier charges.
7. Monthly fees are in advance of each month and must appear in our bank statement before the 1st day of each month.
Unpaid accounts will be suspended, after which an admin charge is applied for manually restarting the service.
8. APPLYING THE CPA
a. We have taken steps to comply with the provisions of the Consumer Protection Act (CPA).
b. Our service agreements are month to month, or as arranged.
c. The Act (CPA) allows customers to cancel their agreement with 20 working days written notice of cancellation, at any time during the term of the agreement
d. Where an agreement is terminated before the full term of the agreement,
we are entitled to recover 'reasonable' costs incurred in providing that service on a pro-rata basis.
e. We deem the cost to be 20% of the balance of the initial 12-month period when cancelled.
9. Where additional end-user equipment or services are provided for a client, the contract is strictly between the client and the third-party service provider.
Such additional work is entirely separate from the Simply Wireless Stilbaai service and the contract for this additional work is between the client and the third-party service provider.
No disputes regarding third-party services will be entered into by Simply Wireless Stilbaai as Simply Wireless Stilbaai is covered by the supplier’s warranty.
Where a unit need to be assessed under warranty, we may install a loan unit while the client’s equipment is sent to the supplier for evaluation, repair & report-back.
Equipment needing to be replaced and which is not covered by the manufacturer’s warranty is charged for at our list prices.
The client is responsible for insuring their own equipment. We do sell spike protectors, but any damage to client equipment or property after installation is solely for the client’s account.
The client agrees that Simply Wireless Stilbaai is not responsible for any equipment failure or any damages once the service has been activated.
10. Simply Wireless Stilbaai gives no express or implied guarantees regarding our services besides the ones laid out in this contract.
11. The use of information and other services on the Simply Wireless Stilbaai network is at the client's own risk.
Simply Wireless Stilbaai assumes no responsibility for the quality or reliability of any data or information accessed via Simply Wireless Stilbaai network.
12. Simply Wireless Stilbaai network may not be used for the transmission of material that violates any current law and/or any associated regulations.
No content or information that may be considered as prejudicial to third parties may be published or distributed on the Simply Wireless Stilbaai network.
13. The CLIENT will accept all consequences of their own activities over the Simply Wireless Stilbaai network.
The CLIENT indemnifies Simply Wireless Stilbaai and its employees & contractors against all liabilities, claims, costs, and expenses of whatsoever nature arising directly or indirectly from user activities.
14. E-mail attachments larger than 10MB are blocked to avoid network congestion.
Simply Wireless Stilbaai network security automatically quarantines e-mails that have double-barrelled file extension attachments. Simply Wireless Stilbaai does not allow attachments with double-barrelled file extensions to enter or leave our network because such files are well-known to hide nasty viruses.
Please educate your users and anyone sending you email NOT to use/send filenames with double-barrelled extensions. The proper file naming convention for attachments to e-mail should be either "document.doc" or "document.rtf" and never "document.doc.rtf. E-mail's with more than 15 recipients will be blocked as spam.
Newsletters should be sent using one of the numerous newsletter services available online. We have a no-spam policy and any form of spam and clients found to be sending or relaying spam may be disconnected.
15. Access to other networks and services via the Simply Wireless Stilbaai network must conform to the rules governing access to these services,
e.g., UseNet, Newsgroups, etc.
16. A CLIENT may not grant access to Simply Wireless Stilbaai access to third parties. On-selling of any Simply Wireless Stilbaai services is strictly prohibited.
17. Any changes to the rules regarding use of the Simply Wireless Stilbaai network will be published on the Simply Wireless Stilbaai web page @ www.simplywireless.co.za
18. Simply Wireless Stilbaai reserves the right to manage any technical parameters and/or rules of the packages as part of its network management.
19. All equipment installed by Simply Wireless Stilbaai,
at a CLIENT premises is managed solely by Simply Wireless Stilbaai as it forms part and parcel of the managed network.
20. The CLIENT undertakes to keep all the equipment that Simply Wireless Stilbaai installs at CLIENT premises on and running to enable remote management thereof.
21. Simply Wireless Stilbaai requires reasonable access to client premises for Simply Wireless Stilbaai personnel to repair/replace/reset any equipment.
22. Simply Wireless Stilbaai is the only entity authorized to provide technical maintenance on the equipment installed at the CLIENT premises.
No modification or re-configuration by any other party including the client is allowed and would immediately void any remaining warranty.
23. Simply Wireless Stilbaai will, where possible, inform it's CLIENT in advance of any scheduled maintenance that may interrupt service.
Notices are sent by e-mail or SMS to the clients registered contact details on file.
24. Installation costs are non-refundable. Where equipment must be removed, the equipment must be un-installed by a Simply Wireless Stilbaai technician.
25. The CLIENT undertakes to ensure that monthly fees are made in time to reflect in Simply Wireless Stilbaai bank statement before the 1st of each month.
26. WAIVER OF LEGAL COSTS
Should any legal costs arise, they remain solely for the initiating party’s account. Simply Wireless Stilbaai will not respond to legal threats. If forced into legal defense, it will require that the other party lodges a deposit for the estimated total costs of the anticipated action, and every client hereby agrees to this condition when they sign up for service.
27. Simply Wireless Stilbaai will undertake all reasonable measures to facilitate minimum downtime of the service provided to the CLIENT.
And maintain a competent support staff and field-service partners to assist the CLIENT.
The clients are responsible for advising Simply Wireless Stilbaai of any problems by email OR can call to 072 438 1514,
if there are any service problems requiring attention.
All reports must be reduced to email and any corrective action by Simply Wireless Stilbaai staff will be attached in subsequent emails.
28. Notwithstanding the aforesaid terms,
Simply Wireless Stilbaai will not be liable to client, or any other person/entity as regards any loss or damage caused by or arising from the interruption and/or unavailability of the service howsoever arising.
No credits are claimable for service interruptions nor is a refund payable where clients choose to cancel service for whatever reason.
29. No CLIENT or any other party will have any claim against Simply Wireless Stilbaai howsoever arising for damages whatsoever.
30. The service agreement, read together with these terms and conditions and any other applicable limitations or terms published on this site,
and along with the AUP (Acceptable Usage Policy) constitute the sole record of the service agreement between the customer and the service provider:
a. No party shall be bound by any representation, warranty, promise or the like not recorded herein.
b. Variations of terms and conditions affecting this agreement will be published Simply Wireless Stilbaai.
31. Breach of Fair Use Rules by any user
Since Covid and government caused the extreme lock-down, we have seen demand for bandwidth make it the most scarce and valuable of business resources.
a. Where we encounter any user that refuses to control users on their account, or who fails to have infected devices cleaned that cause excessive usage, we reserve the right to soft-cap the service to protect other users - AND to terminate their service. i.e., we will deny further service.
b. To repeat - where other users services are being affected by a rogue user drawing excessive bandwidth, we prefer not to continue service.
c. Similarly, where a user chooses to behave in a way that causes us unnecessary admin in trying to resolve any issue - and where their behaviour is seem by us to have become abusive, we treat that as acting in bad faith. We do not tolerate abuse and will firmly act to stop it as early as possible.
d. Clients threatening to cancel service after they have so abused our service will be treated as rogue clients and we have no interest in continuing to serve them.
e. As stated under our terms, which clients agree to upon signing-up with us, we will not enter into further correspondence, and will reject any attempts that may be aimed at coercing us or forcing us to continue supporting such acts of bad faith.
32. We are under no obligation to provide service to any user - and we will exercise our right of refusal and terminate the relationship.
33. Once such a decision is made to terminate a service, no further correspondence will be entered into.
34. We value our relationship with our customers, but where the relationship has been damaged, we consider it terminal and will close the account.
35. This is a monthly pay in advance service.
36. Monthly payment by debit order is compulsory.
37. Service cancellation – 1 calendar month notice on e-mail.
38. Internet service will be suspended without notification should the debit order payment be unsuccessful/unpaid.
An R100 reconnection fee will be charged. Service will be restored upon proof of payment received on email sent to: [email protected].
39. You will be liable for payment for all days of suspended service due to non-payments/unpaid/overdue account.
40. 12-month package service cancellation: should the contract be cancelled before the 12-month period lapse; you will be liable for payment of all months remaining of the contract period.
41. By applying / signing up for our services, you consent in terms of the protection of personal information act (POPI act) to your personal information being obtained, utilised, and stored by the com