terms and conditions
Airlight Customer Relationship Agreement (Terms and Conditions)
The purpose of these terms is to protect both you and us. It’s our best attempt to clear up any issues that may cause problems later and we’ll try and keep them as straightforward as possible. If you have any questions regarding these terms please email us at support@airlight.co.za and we will clarify the situation for you! We ask you to pay special attention to the terms highlighted in bold.
We have tried to include everything that we think is appropriate here. Airlight is constantly striving to improve our services to you and therefore we may amend this agreement. Please be sure to visit http://www.airlight.co.za/terms-and-conditions/ on a regular basis if you wish to see the latest Terms and Conditions.
Key Provisions
The service provided under this agreement is an “as is”, “best effort” and “contended” Internet service intended for consumer use, or business use where the product is suitably marketed as such. It is your responsibility to ensure that the Internet services made available under this agreement are used in a lawful and responsible manner. Any use of the service in pursuance of criminal activity, or which gives rise to an action at law (by any person) against you, is in breach of this agreement. You are required to ensure that your use of the service does not cause harm to our network or to the network operations of any other provider. You further are responsible, at Airlight Wireless’s election, for any misuse of your connection by any third person to whom you give permission to use the service or who acquires access as a result of your failure to take reasonable precautions to prevent access.
[A] Parties to this agreement & Knowing Our Customers
1. This agreement is between a customer (you) and Airlight Wireless (Pty) Ltd (Airlight Wireless, we or us).
2. Airlight Wireless is constantly striving to improve our services to you and therefore we may amend this agreement.
3. We require you to provide us with honest and truthful information about yourself and may require you to send us documentation confirming your identity and address. If you fail to provide us with this, information we may have to, without notice or warning, suspend your access to certain, or all, of our products and services. Airlight Wireless is afforded by this agreement the right to verify any information you provide us together with any customer history with any credit bureau and we may provide any bureau with such personal information as may be necessary to verify information.
4. This agreement represents the consumer agreement between Airlight Wireless and you in terms of the Consumer Protection Act (68 of 2008) and any other applicable legislation or regulation.
5. The service provided under this agreement is an “as is”, “best effort” and “contended” Internet service intended for consumer use.
6. It is your responsibility to ensure that the Internet services made available under this agreement are used in a lawful and responsible manner. Any use of the service in pursuance of criminal activity, or which gives rise to an action at law (by any person) against you, is in breach of this agreement. You are required to ensure that your use of the service does not cause harm to our network or to the network operations of any other provider.
7. Further, you are responsible, at Airlight Wireless’s election, for any misuse of your connection by any third person to whom you give permission to use the service or who acquires access as a result of your failure to take reasonable precautions to prevent access.
8.The email address from which you agree to this agreement shall be regarded as your email address and all communications to and from from same will be regarded as correspondence from and with you.
9. These terms and conditions govern the use of all of the Airlight Wireless services.
10. By contracting with Airlight Wireless for the services you will be lawfully regarded as having agreed to your use of the services specified being governed by this Agreement.
11. The client or the client’s agent certifies that he/she is above the age of 18 years, has full contractual capacity and is duly authorised by the Applicant to contract on Applicant’s behalf.
[B] Interpretation of this Agreement
1. This agreement is entered in to in accordance with the laws of the Republic of South Africa. The meaning ascribed to any term is to be that customarily used by companies involved in internet service providing.
2. All clauses of this agreement are severable. If any clause in this agreement is for any reason unenforceable, or void at law, such clause shall be severed without voiding the remainder of the agreement.
3. Each service for which you subscribe will carry product terms of service which shall form part of our agreement with you.
[C] Representation, Advertising Warranties and agents
1. While every effort is made to ensure that all public representations from Airlight Wireless are accurate, it is agreed that Airlight Wireless will not be liable in any manner whatsoever if a representation contains an error or inaccuracy.
2. In the event that it comes to our attention that an advertisement, or publication of any sort, made by Airlight Wireless appears, in context, to be an erroneous advertisement upon which a reasonable person would place reliance or belief, such advertisement will be retracted or corrected.
3. No representation or undertaking made by a member of staff at Airlight Wireless shall be binding on Airlight Wireless unless such undertaking is made or confirmed by email to you by a director of the company.
4.You undertake to respect Airlight Wireless’s intellectual property rights and agree to refrain from any activity which would cause harm to Airlight Wireless with respect to intellectual property including:
a.malicious misuse of Airlight Wireless trademarks (whether registered or unregistered), branding and logos; b.decompiling and reverse engineering any system or website operated by, or on behalf of, Airlight Wireless without our written consent.
[D] Cancellation Process
1.Subject to this section, and any term contract you may enter into with Airlight Wireless, it is agreed that you may cancel any or all of your services before the 19th of the month such that the service will be terminated from the last day of the month, unless otherwise indicated by the product description or marketing. Any cancellation notice received between the 19th day of the month and the last day of the month will be regarded as a cancellation effective on the last day of the following month.
2. Some packages carry a cancellation fee if cancellation occurs within 6 months of signup. This fee will be added to the last invoice
3. A cancellation may not be processed while the parties are engaged in a dispute resolution process, or there is an outstanding invoice to be settled, or if a contract is attached to the service.
4.Airlight Wireless reserves the right to terminate this agreement and the contractual relationship with you under the following circumstances: a.you have breached this agreement and have failed to remedy such breach within 48 hours of being notified of the requirement to remedy the breach; b.on the basis of an AUP or FUP violation as envisaged by clauses F.8 and G.3 of this agreement; c.where a cancellation termination of this agreement is imposed upon Airlight Wireless by operation of any law, regulation or regulatory action in force in the Republic of South African; d.at our election under the same terms and rights as are afforded to you in terms of clause D.1.
5. Cancellation of any network service is the client’s responsibility and cancellation must be received via email to Airlight Wireless. The client is responsible for ensuring that such cancellation of service is actioned with due attention to terms of cancellation, as well as cancellation conditions which require the client to specifically indicate a required process. Should the client incorrectly complete the cancellation process, Airlight Wireless will not be liable for any additional costs or compensation to the client due to the error.
[E] Billing
1. You agree to settle any charge invoiced to your account promptly and on the due date, unless otherwise agreed, and will present any queries relating to your invoice to accounts@airlight.co.za no later than 7 days after the date the invoice is issued
2. Airlight Wireless charges for service in advance and not in arrears. While a service may be provisioned and available to you before you receive an invoice such provisioning does not constitute a line of credit upon which future payment may be made in arrears.
3. It is agreed that in any instance where Airlight Wireless provides immediate access to a service for which the invoice is issued, such invoice shall be due and payable immediately but a three day period shall be allowed as an agreed date of payment.
4. Should you subscribe to a debit order or any other automated processing arrangement with Airlight Wireless then the date upon which such arrangement is scheduled for payment shall be the date agreed upon on which the account must be paid.
5. The subscription of any order or processing arrangement involving any third parties shall not indemnify you against responsibility to pay Airlight Wireless in the event that such arrangement does not constitute settlement of your invoice in full.
6. Non-payment, or short payment of any invoice on the due date, or such other date as agreed, of that invoice, constitutes a breach of this agreement. Nothing in this agreement shall be read to preclude Airlight Wireless’s right to tempore morae interest under the common law.
7. It is agreed that the nature of an Internet service using DSL or Fibre technology precludes any reasonable expectation of full uptime and full speeds, and Airlight Wireless shall not be obliged to effect any refund or pass any credit note in respect of any period during which a service is not available or degraded.
8. It is agreed that any billing error resulting in an overcharge or overpayment will result in the passing of a credit note (which shall include any interest charged by Airlight Wireless in error) to any outstanding invoice. If there are no outstanding invoices such credit note will be passed on the next invoice issued. Refunds shall only be made in the event that the amount of the credit note would exceed the amount of anticipated future invoices arising in the sixty days after the passing of the arising of credit note. Any refund of monies by Airlight Wireless shall be paid by means of an electronic payment into a banking account designated by you.
9. It is agreed notwithstanding the existence of a dispute resolution process that Airlight Wireless may cede, collect and enforce through any competent court any amount owing to Airlight Wireless on an attorney own client scale.
10. It is agreed that in the event that your service operates at a higher speed than the service for which you have applied that we may charge you the amount due in respect of the higher speed.
11. Ordinarily invoices shall be issued on the 24th day of the month and be due for payment and full settlement immediately or on the date you specified on your debit order authorization mandate, however circumstances may arise that cause invoices to be issued on a different day from time to time . In the month of December invoices may be issued early with payment also due earlier.
12. It is agreed that if you are being provided with a discount of any nature for any product(s) provided by Airlight Wireless or any Airlight Wireless affiliates, and you maintain an outstanding balance due for a period of 14 days or more, or are in breach of this agreement in any way, and where such balance is not the subject of a legitimate dispute as per the rights afforded to you in this agreement, that all discounts applicable to your billing relationship with Airlight Wireless shall be terminated from the date upon which the outstanding balance initially became due.
13. All non-contractually assured discounts offered or applied by Airlight Wireless remain within Airlight Wireless’s sole reasonable discretion , and may be amended or terminated.
14. Airlight Wireless will not accept any liability or responsibility for delays, suspensions or impact to services due to use of non-approved payment methods by clients.
15. Any irregularity regarding payment which results in non-payment will result in immediate suspension of services (which may not be limited to the particular service in question). Airlight Wireless retains the right to suspend any services provided in light of non-payment, and to withhold such services until all arrears are settled in full on any and all products and services.
16. Airlight Wireless will charge a Reconnection Fee for non-payment and subsequent reactivation of services, and such fee will be charged at Airlight Wireless discretion. Reconnection fees are payable in full before any services can be reactivated, once suspended. Airlight Wireless may charge multiple reconnections fees where multiple products are affected, and may charge “escalating” penalties for repeated non-payment offences. Any prior leniency shown in this regard will not prejudice Airlight Wireless right to enforce such penalties in full at any time (within their discretion).
17. Airlight Wireless may also impose a waiting period of up to 72 hours for reactivation of services, at their sole discretion.
18. Accepted payment methods include debit orders only.
[F] Acceptable Use policy
1. The Acceptable Use Policies (AUP) of every network on which your product(s) operate forms part of the contractual relationship between you and Airlight Wireless. Violating any applicable AUP constitutes a breach of contract and an infringement of the rights of Airlight Wireless. The applicable AUP for the network is appended as part of the product description.
2. Should Airlight Wireless for any reason whatsoever cause your product to operate on another network you will be obliged to adhere to the AUP of that network.
3. Where there is a reasonable suspicion of a serious breach of the AUP, or the law otherwise requires, we will not hesitate to, without warning or notice, suspend any account connected to you. The right to suspend any account for a suspected violation of the AUP is extended to any upstream providers and channel partners.
4. The Internet is made up of many networks under the responsibility and control of various different parties in different jurisdictions. As a result, any particular usage by you may result in your traffic transiting on networks with AUP provisions which differ from those of Airlight Wireless. Airlight Wireless shall not be responsible for any liability that may arise nor any failure of performance that may result as a consequence of your violating another providers AUP. Airlight Wireless regards abuse of another network originating on our network as a violation of the AUP where the infringer could reasonably be expected to know or believe that such conduct would constitute an AUP violation on the recipient network.
5. While unintentional conduct will ordinarily not be regarded by Airlight Wireless as an infringement of the AUP, you are required to take all reasonable steps, and gross negligence on your part may be regarded as a serious contravention.
6. Airlight Wireless, may recover from you any damages or costs that are a result of any breach of this AUP by you. Such recoverable costs include costs consequent upon the utilizing of legal services on an attorney own client scale.
7. Any party affiliated to Airlight Wireless may (with Airlight Wireless’s consent) recover any damages or costs caused by a violation of the AUP committed by you. Such damages must be proved by such affiliate in accordance with the dispute resolution provisions of this agreement.
8. Serious contraventions of the Acceptable Use Policy may result in Airlight Wireless terminating all services and our relationship with you with immediate effect and without entitlement to any refund.
9. Any complaint concerning a contravention of an AUP shall be received by email at support@airlight.co.za
10. Absent a specific AUP applying the following carriage standard AUP shall apply and any entity whatsoever who is involved in the provisioning of the service shall be a “provider”.
Monitoring of usage:
Airlight Wireless takes steps to monitor the bandwidth usage of subscribers so as to ensure that subscriber bandwidth limitations are not exceeded.
Airlight Wireless further reserves the right to take such steps as may be necessary to properly monitor and calculate usage, including remotely terminating subscriber network sessions.
Airlight Wireless also monitors its systems for performance and accounting purposes. The information gained thereby and by any other means may be used to ensure that the Terms of Use and AUP are being complied with.
Unlawful Activity
The provider’s services/website may only be used for lawful purposes and activities. We prohibit any use of our website/network including the transmission, storage and distribution of any material or content using our network that violates any law or regulation of the Republic. This includes:
Any violation of local and international laws prohibiting child pornography; obscenity; discrimination (including racial, gender or religious slurs) and hate speech; or speech designed to incite violence or hatred, or threats to cause bodily harm.
Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.
Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets. Moreover the provider cannot be held liable if you make any unlawful use of any multimedia content accessed through the search facility provided by the provider’s network, or otherwise available through access to our network, whether for commercial or non-commercial purposes.
Any violation of the individual’s right to privacy, including any effort to collect personal data of third parties without their consent.
Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another subscriber without their consent; or any attempt to enter into a transaction with the provider on behalf of another subscriber without their consent.
Any violation of the exchange control laws of the Republic.
Any activity that results in the sale, transmission or distribution of pirated or illegal software.
Failing to respond to a request by a recipient of unsolicited mail to be removed from any mailing or direct marketing list and continuing to send unsolicited mail following such a request for removal.
Where any user resides outside of the Republic, permanently or temporarily, such user will be subject to the laws of the country in which s/he is currently resident and which apply. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, the provider will assist foreign law enforcement agencies (LEA) in the investigation and prosecution of a crime committed using the provider ’s resources, including the provisioning of all personal identifiable data.
The following sections outline activities that are considered an unacceptable use:
Threats to Network Security
Any activity, which threatens the functioning, security and/or integrity of the provider’s network is unacceptable. This includes:
Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by the provider for this goal;
Any effort to use the provider equipment to circumvent the user authentication or security of any host, network or account (“cracking” or “hacking”);
Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting;
Any effort to breach or attempt to breach the security of another user or attempt to gain access to any other person’s computer, software, or data without the knowledge and consent of such person;
Any activity which threatens to disrupt the service offered by the provider through “denial of service attacks”; flooding of a network, or overloading a service or any unauthorised probes (“scanning” or “nuking”) of others’ networks;
Any activity which in any way threatens the security of the network by knowingly posting, transmitting, linking to or otherwise distributing any information or software which contains a virus; Trojan horse; worm, lock, mail bomb, cancelbot or other harmful, destructive or disruptive component.
Any unauthorised monitoring of data or traffic on the network without the provider’s explicit, written consent.
Any unsolicited mass mailing activity including direct marketing; spam and chain letters for commercial or other purposes, without the consent of the recipients of those mails.
Public Space and Third Party Content and sites
You acknowledge that the provider has no power to control the content of the information passing over the Internet and its applications, including e-mail; chatrooms; news groups; or other similar fora, and that the provider cannot be held responsible or liable, directly or indirectly, for any of the abovementioned content, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.
Our services also offer access to numerous third party webpages. You acknowledge that we exercise absolutely no control over such third party content, or sites and in such cases, our network is merely a conduit or means of access and transmission. This includes, but is not limited to, third party content contained on or accessible through the provider’s network websites and web pages or sites displayed as search results or contained within a directory of links on the providers network. It remains your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you.
Access to public Internet spaces, such as bulletin boards, Usenet groups, chat rooms and moderated forums is entirely voluntary and at your own risk.
The provider employees do not moderate any of these services, or your communications, transmissions or use of these services. We do not undertake any responsibility for any content contained therein, or for any breaches of your right to privacy that you may experience as a result of accessing such spaces.
Usenet Newsgroups
The customer is responsible for determining and familiarizing himself or herself with the written policies of a given newsgroup before posting to it.
The customer must comply with these guidelines at all times which can be obtained from other users of the newsgroup upon request, or from the group’s administrators/moderators.
The following are prohibited practices with regard to Usenet newsgroups and the provider reserves the right to delete and/or cancel posts which violate the following conditions:
Excessive cross-posting of the same article to multiple newsgroups.
Posting of irrelevant or off-topic material to newsgroups (also known as USENET spam).
Posting binaries to a non-binary newsgroup.
Posting adverts, solicitations, or any other commercial messages unless the guidelines of the newsgroup in question explicitly permit them.
Unsolicited, Spam and Junk mail
Spam and unsolicited bulk mail are highly problematic practices. They affect the use and enjoyment of services by others and often compromise network security. The provider will take swift and firm action against any user engaging in any of the following unacceptable practices:
Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail;
Operating or maintaining mailing lists without the express permission of all recipients listed;
Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients;
Using the provider’s service to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services, that violate this AUP or the AUP of any other Internet service provider;
Including the provider’s name in the header or by listing an IP address that belongs to the provider in any unsolicited email sent through the provider’s network or not;
Failure to secure a customer’s mail server against public relay as a protection to themselves and the broader Internet community. Public relay occurs when a mail server is accessed by a third party from another domain and utilised to deliver mails, without the authority or consent of the owner of the mail-server. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed.
The provider reserves the right to examine users’ mail servers to confirm that no mails are being sent from the mail server through public relay and the results of such checks can be made available to the user. The provider also reserves the right to examine the mail servers of any users using the provider’s mail servers for “smarthosting” (when the user relays its mail via the provider’s mail server to a mail server of its own) or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict accordance with the provider’s privacy policy.
Spam/virus Filtering
Our upstream provider may provide a spam and virus filtering system to protect customers from unsolicited mail and viruses. The customer acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the customer. The customer acknowledges and agrees that the provider shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.
Protection of Minors
The provider prohibits customers from using the provider’s service to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, distributing or transmitting material that is unlawful, including child pornography.
[G] Fair use Policy and Product Description
1. Each product may have a Fair Use Policy (FUP) attached to the product.
2. A product’s fair use policy may be changed by Airlight Wireless by giving you notice of the change at least one week before the start of the next billing cycle.
Shaping
All traffic, except peer-to-peer and nntp traffic, is not shaped by default, unless extraordinary network preservation demands as such. Peer-to-peer and nntp traffic is shaped between 06:00 and 24:00.
In some situations, traffic may be shaped on a per client basis if usage is deemed excessive for two or more consecutive days.
In addition, traffic may also be shaped on a per client basis if usage is deemed excessive for a particular day.
Traffic shaping will return to normal once usage has decreased.
As we rely on upstream providers to provide internet bandwidth, our ability to provide internet services is also subject to the upstream provider’s own AUP and FUP policies.
Bypassing of shaping or network management systems employed by Airlight Wireless or its upstream providers, either intentionally or unintentionally, by use of third party tools, encryption services, or services intended for use to download traditionally shaped services over alternate ports or protocols, is a contravention of this agreement, and may result in either deprioritisation of your account, irrespective of the account type you have purchased, and/or suspension of services without refund. You are required to rectify any such contravention within 24 hours of notice of such a breach being served on you by way of official communication from Airlight Wireless by any traditional support channels.
Continued and persistent load data throughput on our uncapped products that causes either degraded performance for other Airlight Wireless users or a loss to be incurred by Airlight Wireless may result in deprioritisation at the discretion of Airlight Wireless, to ensure that a fair allocation of bandwidth is maintained for all customers. Should your account be deprioritised, such action shall be lifted or removed upon Airlight Wireless’s systems identifying a noticeable and substantial decrease in requests or throughput from your connection that is not as a result of ordinary deprioritisation. Airlight Wireless reserves its rights to terminate access to any customer with 7 days notice provided should your connection continue to cause degraded network performance for others or incur a loss for Airlight Wireless for 2 consecutive months.
Airlight Wireless reserves the right to amend its management of its unlimited network services although a cap will not be applied.
[H] Privacy
1. We take your right to privacy seriously and shall, save as provided in this agreement or when required by law, not provide a third party with information that infringes on your privacy without your consent.
2. Airlight Wireless may store personal identifying and other information about you on cloud services administered by third parties. Such information shall be for the exclusive use of Airlight Wireless.
3. We will report any information that comes to our knowledge of a breach of your privacy as soon as possible, unless we are prohibited by doing so by law.
4. Airlight Wireless may send you promotional material relating to Airlight Wireless unless you have provided an indication that you wish to opt out of receiving such material. You indemnify Airlight Wireless against any claims arising from sending of promotional material by Airlight Wireless made in error.
5. In taking your right to privacy seriously whilst still satisfying legal obligations, Airlight Wireless (or any of its affiliates) may have to employ the services of legal professionals and you agree that in the event that Airlight Wireless is required as a matter of urgency to incur costs in order to protect your privacy, to settle reasonably incurred costs.
[I] Take Down Procedure
1. Airlight Wireless, and any affiliated party, may take down any data hosted on a network involved in this arrangement if such content is subject to a take down notice as envisaged by section 77 of the Electronic Communication and Transactions Act (No. 25 of 2002).
2. Airlight Wireless confirms the all immediate upstream providers for Airlight Wireless have a procedure in place for the notice and take-down of illegal material. In compliance with section 77 of the Electronic Communications and Transactions Act (No. 25 of 2002) . The designated agent for this process can be reached at (010) 500 1200 or at takedown@ispa.org.za .The notice and take-down procedure can be viewed at http://www.ispa.org.za/code.
3. You are also notified of the content and procedures of the ISPA Code of Conduct (http://www.ispa.org.za/code) which may be used against any Internet service provider who fails to comply with the code of conduct. We urge you to familiarise yourselves with this code.
[J] Dispute resolution and complaints process
1. Airlight Wireless will be entitled to assume that network service provision to a subscriber is in good working order until such time as the subscriber advises Airlight Wireless Support of any problems or service breaks.
2. Airlight Wireless will receive formal complaints both through the dedicated email address support@airlight.co.za as well as through the ordinary support channels wherever you clearly indicate that you wish for a complaint escalation to take place. A complaint will need to contain the following information:
a. The identity of the complainant;
b. The email address with which to correspond to resolve the complaint;
c. The nature of the complaint;
d. The facts and allegations upon which the complaint is dependent; and
e. Any historic information relevant to the complaint.
3. On receipt of a formal complaint, or the escalation of support communication to a formal complaint, an acknowledgement of the complaint together with a reference number will be sent to you by email within three days.
4. Any correspondence received which we reasonably believe to be a complaint that does not satisfy the requirements to be processed as a complaint will be treated as a query as to the complaint’s procedure. Queries as to what the complaint’s procedure is will be replied to with an explanation of the formal complaint’s procedure.
5. Should further particulars be required in order to resolve a complaint, such information will be requested by email.
6. A complaint shall be resolved within ten working days of the receipt of the complaint unless the parties agree to a longer period, provided that the reasoning underlying a resolution may be delivered thirty days after the resolution of the complaint.
7. Airlight Wireless may cause an external professional person or organization to resolve a complaint at Airlight Wireless’s expense, if any expenses arise.
8. Notwithstanding any other law or principle of natural justice, any person designated by internal policies of Airlight Wireless may attend to a complaint even if such person has prior involvement in the matter.
9. It is agreed that, subject to this agreement, confidentiality with respect to any complaint will be respected by all persons involved unless a disclosure is agreed to in writing during the dispute resolution process. However, the preservation of disclosure shall not be interpreted as to prevent you from making a reasonable and fair expression of dissatisfaction with the service provided by Airlight Wireless in a public space or forum, or for Airlight Wireless to in same place or forum acknowledge that it has received a complaint and is attending to same.
10. It is agreed that Airlight Wireless will compile reports on the resolution of complaints for regulatory and internal quality assurance processes. Such reports will redact all personal identifying information.
11. It is agreed that Airlight Wireless is indemnified against any costs incurred by you in any dispute resolution process and that you may employ the services of a legal professional at your own expense to prepare or transmit any complaint.
12.On completing the complaints process (and in the absence of any other channel and a failure of mediation), or if the time periods for complaints resolution prescribed by this agreement are not adhered to, the parties agree to resolve any dispute by means of binding arbitration administered by the Arbitration Foundation of South Africa in accordance with its rules.
13. Any dispute not related to a formal complaint, under this agreement, which is not resolved by negotiation between the relevant parties (which includes any party that obtains rights stipulo alteri ) shall be resolved by arbitration administered by the Arbitration Foundation of South Africa.
[K] Service availability and confirmation of service availability
1. Subscribing to the Airlight Wireless network service requires that you have an approved 5Ghz Ubiquiti antenna capable of associating with the network as this is a prerequisite for provision of the service. Airlight Wireless advises potential clients to confirm the availability of the service in their particular desired location prior to purchasing or ordering an antenna or other hardware.
2. Please email support@airlight.co.za to check the availability of network services.
3. Although Airlight Wireless might confirm service availability via an on-line line of sight check between your premises and one of our access points, there may be situations where service cannot be offered after an installation takes place. In these circumstances, Airlight Wireless will refund equipment costs. Installation costs are non-refundable.
4. Airlight Wireless can also not guarantee the provision of the requested service upon the receipt of a telephonic or electronic order. Applicants will be formally notified after receipt of an order on whether or not the network access service can be provided.
Service availability to any applicant is further subject to:
5. Any credit checks which Airlight Wireless may, in its sole discretion, elect to carry out and, for this purpose, the applicant hereby authorises Airlight Wireless to conduct such checks and provide such information to any relevant credit bureau as may be required for this purpose; and
6. Compliance by the applicant with the RICA registration requirements.
The provision of the Airlight Wireless network service is subject to:
The provision of upstream and network services;
Network availability;
Signal availability;
Distance of the applicant from a wireless access point;
Line of sight to a wireless access point;
Interference from other wireless equipment in the area;
Buildings, structures, trees and other objects between the applicant and a wireless access point.
Airlight Wireless reserves the right to refuse network service based on network, wireless, domain and/or equipment identifiers.
Concurrency
Airlight Wireless services allow only one wireless antenna connection and household/business premises for each account and services are limited to the household/business that holds the account.
[L] Disclaimer and Limitation of Liability
1. Airlight Wireless accepts no liability for any loss or damage to the property or equipment of the client arising out of the provision, installation or maintenance of the network service.
2. All equipment provided by Airlight Wireless in order for you to connect to the Airlight Wireless network is owned and becomes the client’s responsibility once paid for by the client.
3. Airlight Wireless may install an antenna mast on the client’s behalf as part of the network installation. The client accepts that this antenna mast is their sole responsibility and Airlight Wireless accepts no liability for any loss or damage to property or equipment from lightning strikes or any other factor via this mast. Airlight Wireless highly recommends that the client earth their antenna masts (through a third party and for their own account) to guard against possible lightning strikes or other factors.
4. APPLICATION FOR, USE OF AND SUBSCRIPTION TO AIRLIGHT WIRELESS’S SERVICES ARE AT THE SOLE RISK OF THE SUBSCRIBER OR APPLICANT.
5. Subscribers are solely responsible for all actions authenticated by credentials associated with their account(s). It is advised that authentication credentials be changed regularly to allay concerns of security. Airlight Wireless accepts no liability for any loss or damage suffered by Subscribers for any loss or damage suffered by the use of Subscribers’ authentication credentials.
6. Airlight Wireless WILL NOT BE LIABLE TO THE SUBSCRIBER OR ANY THIRD PARTY IN RESPECT OF ALL AND ANY DAMAGES, LOSS, CLAIMS OR COSTS, OF WHATEVER NATURE AND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, SUFFERED BY THE SUBSCRIBER OR THIRD PARTY, HOWSOEVER ARISING.
7. Delivery of wireless network services is dependant on signal availability in any particular area. Airlight Wireless does not warrant or guarantee service for any specific areas, whilst every effort will be made to give clients an indication of possible service (via site and line-of-sight tests). Airlight Wireless accepts no liability should the aforementioned tests differ to actual service experienced.
8. Airlight Wireless will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of the network services OR ANY ACTION TAKEN BY Airlight Wireless IN RESPONSE TO THE ABUSE OF THE NETWORK SERVICES WHICH IT OFFERS.
9. The Client hereby indemnifies and holds harmless Airlight Wireless against any loss whatsoever arising from any dispute or claim or other action occasioned by the Client’s use of network services, even if Airlight Wireless has been advised of the possibility of such damages;
10. Airlight Wireless will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.
11. Neither Airlight Wireless, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Airlight Wireless’s network service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the network service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Airlight Wireless network service, unless otherwise expressly stated in this Agreement.
12. Airlight Wireless expressly limits its damages to the Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Airlight Wireless specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
13. Airlight Wireless is not responsible if an external company network and firewall is setup to block access to services Airlight Wireless provides. If a client’s network is setup to block certain ports or web addresses that compromise the services Airlight Wireless provides it is the client’s responsibility to ensure that their network configurations are changed as necessary.
14. Airlight Wireless is not responsible if any third party operated network or service experiences problems and outages (i.e. all network infrastructure and links, client ‘s internet connection, firewall service managed by external parties).
15. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability.
16. Use at Clients’s risk
17. Airlight Wireless will exercise no control whatsoever over the content of the material hosted on, or the information passing through the Airlight Wireless network and in no way moderates such content.
18. Clients expressly agree that use of Airlight Wireless’s Server(s) and Services are at the client’s sole risk.
19. Airlight Wireless is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on the Airlight Wireless servers.
20. Airlight Wireless reserves the right to refuse network services based on network, domain and/or equipment identifiers.
[M] Hardware, exchanges and returns
1. All hardware purchased through Airlight Wireless, or externally, remain the responsibility of the client.
2. While Airlight Wireless will advise regarding a repair or replacement of the device, the actual repair or replacement will not be facilitated by Airlight Wireless, unless the client is purchasing a new replacement device. This will also apply to the use of any accessories or modifications which are not supported by the manufacturer and effectively void the warranty.
3. Airlight Wireless will NOT arrange collection of antennas or other hardware/accessories for exchange or return. The client will be responsible for arranging for the unit to be delivered to Airlight Wireless.
4. All Ubiquiti antennas are covered by a product specific warranty, as per manufacturer’s warranty, for the repair or replacement of faulty units. The warranty is limited to items covered by the manufacturer only. The warranty does not cover any damage deemed to have been caused by the client’s misuse or mistreatment of the product (including damage due to improper return shipping of the product for exchange or return).
5. Using incorrectly crimped cable or POE (power-over-ethernet) devices, and any physical damage as a result, is deemed to be improper use or abuse of the product. This effectively voids the manufacturer’s warranty and therefore will not be exchanged or returned. This further extends to the use of unapproved accessories or modifications which effectively void the warranty on the product. In such circumstances, Airlight Wireless will not be liable to repair or replace any such devices and no further correspondence will be entered into once the device is deemed to be out of warranty.
6. All Ubiquiti devices are covered by a manufacturer warranty, as per Ubiquiti’s manufacturer’s warranty, for the repair or replacement of faulty units. The warranty is limited to items covered by the manufacturer only. The warranty does not cover lightning damage or any damage deemed to have been caused by the client’s misuse or mistreatment of the product (including damage due to improper return shipping of the product for exchange).
7. Should signal quality result in an inconsistent internet service, Airlight Wireless may collect and offer refund of equipment up to 14 days after the date of installation. Installation cost, however, is non-refundable. After 14 days after installation, no refunds will be offered.
[N] Equipment Payment Plan
(Discontinued 1 June 2015 – however this clause still applies to clients who agreed to a payment plan before discontinuation of this plan)
These terms and conditions apply to an antenna or any other hardware or accessories that is on a payment plan. This is for clients who have opted to pay for the hardware over 3 months.
1. Signing up for a monthly payment plan means you are liable for all 3 payments for the hardware, which are payable in monthly instalments.
2. You will continue to pay all of the outstanding payments for the device, even if you cancel the service.
3. Airlight Wireless is entitled to reclaim any and all equipment not paid in full after the 3 month period has expired.
[O] Faults or service interruption
1. Airlight Wireless will be entitled to assume that network service provision to a subscriber is in good working order until such time as the subscriber advises Airlight Wireless Support of any problems or service breaks.
2. Any faults or service interruption should be reported by emailing support@airlight.co.za.
3. According to the circumstances of the service interruption and nature of the repairs required, the relevant party will apply its reasonable endeavours to have the network service restored in the shortest possible time.
4. If Airlight Wireless determines that the fault reported by the subscriber was caused by subscriber equipment which is not covered by a maintenance agreement with Airlight Wireless, the subscriber shall be liable for payment of the relevant call-out charge as determined by Airlight Wireless from time to time.
[P] Amendments
1. Subscribers are required to note that, due to a variety of factors including upstream costs, tariffs and the terms and conditions of upstream providers, these terms and conditions are subject to change. Subscribers agree to check these terms and conditions regularly on www.airlight.co.za.
2. Where changes to tariffs or the terms and conditions of service are made, the subscriber will be deemed to have agreed to the amended tariff or terms and conditions if they continue to use the service. In the event that a subscriber does not agree with any amendment they should cease using the service and contact Airlight Wireless.
3. Airlight Wireless reserves its rights to change its prices at any time on reasonable notice. Airlight Wireless reserves the right to stop offering certain services if it deems it necessary. Airlight Wireless will then either provide the network service for the remainder of the time that has been paid for or refund the amount paid for that specific service.
[Q] Termination
1. Should the client breach of any of the terms and conditions contained herein, including but not specifically limited to the payment terms, Airlight Wireless has the right (solely at Airlight Wireless’s discretion) to immediately demand payment of the full amount owing and demand compliance forthwith with all the terms and conditions, alternatively to terminate the agreement and services forthwith, in either instance without in any way derogating from any common law, contractual and or delictual rights which Airlight Wireless may have.
2. Airlight Wireless reserves the right to suspend or terminate the service of any client that does not comply with the terms and conditions, Acceptable Use Policy, or any other contractual obligations.
3. Any form of abuse of Airlight Wireless staff will result in suspension or termination of your services, irrespective of the form and medium of this abuse.
[R] Debit Order Authorization · Terms and Conditions
This Authority and Mandate refers to the Agreement between the Client/Accountholder and Airlight Wireless (Pty) Ltd for payment of monthly services rendered by Airlight, payable in advance.
A. I/We hereby authorise you to issue and deliver payment instructions to your Banker for collection against my/our above-mentioned account at my/our above-mentioned Bank (or any other bank or branch to which I/we may transfer my/our account) on condition that the sum of such payment instructions will never exceed my/our obligations as per the invoice and commencing on date of this signed Authority and Mandate and continuing until this Authority and Mandate is terminated by me/us by giving you notice in writing of not less than 20 ordinary working days, and sent by email to your address as indicated above. The individual payment instructions so authorised to be issued must be issued and delivered monthly.
In the event that the payment day falls on a Sunday, or recognised South African public holiday, the payment day will automatically be the very next ordinary business day. Furthermore, if there are insufficient funds in my account to meet the obligation, you are entitled to track my account and represent the instruction for payment as soon as sufficient funds are available in my account. Payment Instructions due in December may be debited against my account on a different date. I/We understand that the withdrawals hereby authorised will be processed through a computerised system provided by the South African Banks. I also understand that details of each withdrawal will be printed on my bank statement. Such must contain a number, which must be included in the said payment instruction and if provided to me should enable me to identify the agreement. This number must be added to this form in Section F before the issuing of any payment instruction.
B. Mandate
I/We acknowledge that all payment instructions issued by you shall be treated by my/our abovementioned Bank as if the instructions have been issued by me/us personally.
C. Cancellation
I/We agree that although this Authority and Mandate may be cancelled by me/us, such cancellation will not cancel the Agreement. I/We shall not be entitled to any refund of amounts which you have withdrawn while this Authority was in force, if such amounts were legally owing to you.
D. Assignment
I/We acknowledge that this Authority may be ceded or assigned to a third party if the Agreement is also ceded or assigned to that third party, but in the absence of such assignment of the Agreement, this Authority and Mandate cannot be assigned to any third party.
E. Terms and Conditions
I/We acknowledge that I/we have read and agree to the Airlight Wireless Terms and Conditions, available to view at www.airlight.co.za/terms-and-conditions.
These terms were last updated on 24 October 2018.