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Closer Customers - MWEB ADSL Line Migration

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					MWEB ADSL All Inclusive: Line-Migration Guide & Application Form
for customers on a Telkom Closer plan

Dear MWEB Customer We’d like to thank you for enquiring about MWEB ADSL All Inclusive. Please find attached the information and documentation relating to the migration of your ADSL line to MWEB.
• • • Your request will be processed as soon as you hav e returned the completed application form. The migration process can tak e up to 10 work ing days (this depends mostly on the av ailability of resources within Telk om). Depending on the Telk om Closer plan that applies to y ou, there may be penalties. Please read through the information on the following two pages so that y ou are aware of the factors that may influence the migration of your A DSL line to MWEB. If a Telk om penalty fee is incurred due to the migration of y our line, we will communicate this to you before proceeding with your request. You can choose between a month-to-month or fixed-term contract with MWEB. Telk om will adv ise us of any changes or progress relating to y our order, and we will communicate this to y ou where necessary . Once your line has been migrated, Telk om will notify us and we will then send you a confirmation e-mail.

• • • •

Should Telkom contact you about this order for any reason at all, please notify us immediately . They should be working through MWEB at all times and we don't want them to create any uncertainty or confusion by giving you conflicting information. Please fax your documents to: 021 596 8211. If, at any time, you have any questions about the status of your order, please contact us on 021 596 8882 (during office hours). Alternatively, please feel free to e-mail us on ADSLLineMigration@mweb.com. Kind regards MWEB Operations

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MWEB ADSL All Inclusive: Line-Migration Guide & Application Form
for customers on a Telkom Closer plan

Q: I'm an existing MWEB ADSL customer and I'd like ADSL All Inclusive. A: As an existing MWEB customer, you can transfer the ADSL portion of your telephone line to
MWEB. You retain all aspects of your current service (telephone number, line speed etc.) but you will now be able to benefit from MWEB’s bundled All Inclusive pricing and service.

Q: I currently have a Telkom Closer package. A: If you're on Telkom Closer 1, 2 or 3, nothing changes. You continue to subscribe to this
service from Telkom and simply migrate your ADSL line rental to MWEB. This information pack contains all the forms you need.

.If you are on Telkom Closer 4., you'll need to switch to Telk om Closer 3 before y ou can mov e
onto MWEB A ll-Inclusiv e. Telkom will charge you a once-off fee of R125.40 (VA T Inclusiv e) to downgrade y our closer pack age but MWEB will credit this amount on your next MWEB inv oice. This is how your costs will look if you downgrade from Closer 4 to Closer 3:

You currently pay Telkom You pay M WEB another This comes to

R429.00 (ADS L up to 384Kbps line) p/m R145 p/m for 1GB data cap R574 p/m in total

Once you have switched to Telkom Closer 3, you will:
Pay Telkom Pay M WEB This comes to This means you save R300 (C loser 3 & standard (analogue) line rental) p/m R219 (ADS L up to 384Kbps line + 1G B data cap) p/m R519 p/m in total R55 p/m

You don't have to stay on Closer 3 after switching to it, but if you'd like to go on taking advantage of the benefits of the Closer calling plan, then Closer 3 is your best option.

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MWEB ADSL All Inclusive: Line-Migration Guide & Application Form
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.If you are on Telkom Closer 5., y ou'll need to switch to Closer 3 before you can mov e onto MWEB A ll-Inclusiv e. Telkom will charge y ou a once-off fee of R125.40 (VA T Inclusiv e) to downgrade your closer pack age but MWEB will credit this amount on your next MWEB invoice. This is how y our costs will look if you downgrade from Closer 5 to Closer 3:
You currently pay Telkom You pay M WEB another This comes to R651.00 (ADS L up to 1024Kbps line) R145 for 1GB data cap R796.00 p/m in total

Once you have switche d to Telkom Closer 3, you will:
P ay Telkom P ay M WEB This comes to Y ou pay an additional R300 (C loser 3 & standard (analogue) line rental) p/m R529 (ADS L up to 4096kbps line & 1G B data cap) p/m R829 p/m in total R33 p/m

You don't hav e to stay on Closer 3 after switching to it, but if y ou'd lik e to go on tak ing adv antage of the benefits of the Closer calling plan, then Closer 3 is y our best option.

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MWEB ADSL All Inclusive: Line-Migration Guide & Application Form
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Your ADSL Line-migration Checklist Order form initialed/signed Banking details signed Clear copy of ID Proof of address Copy of marriage certificate (if your ID is still in your maiden name)

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Application for ADSL Line Migration to MWEB All-Inclusive ADSL INTERNET
Please specify your e-mail address

Sales Agent Name:

Your Contact Details (Please complete this IN FULL, IN BLOCK LETTERS A ND BLA CK INK)
TITLE: FIRST NAMES: SURNAME: DATE OF BIRTH: S M D W SEX: CELL PHONE NUMBER: RENT: OWN: OTHER: FAX NUMBER: POSTAL ADDRESS: (INVOICE TO)

IDENTITY NUMBER: MARITAL STATUS: TEL NUMBER (HOME): DO YOU?
(RESIDENTIAL ADDRESS)

D
M

D

/

M
F

M

/

Y

Y

Y

Y

RESIDENTIAL ADDRESS: CODE:

CODE:

A uthority for Debit Order / Payment Details
Please debit my bank account as shown in favour of MULTICHOICE SUBSCRIBER MANAGEMENT SERVICES (PTY) LTD – INTERNET DIVIS ION with the to tal amount owing by me, as specified under this agreement. ACCOUNT HOLDER’S NAME: BRANCH: CREDIT CARD NO: TYPE OF ACCOUNT: CHEQUE: CURRENT: TRANSMISSION: SAVINGS: BRANCH CODE: CSV: OTHER: BANK: ACCOUNT NO: EXPIRY DATE:

M

M

/

Y

Y

Y

Y

MASTER:

VISA:

AUTHORISED SIGNATURE: Any cancellation of a debit order after activation, could result in MWEB suspending the service. All cancellation costs will be incurred by the account holder.

Please Choose ONE ADSL Product
(Please note that you must select a product that is at your existing ADSL line speed when migrating your ADSL line to MWEB)

Special Off ers!

DSL up to 384kbps line + 1GB ADS L Cap on 12 month contract Pay only R179.00 for the first 6 months and then R219 per month thereafter DSL up to 384kbps line + 1GB ADS L Cap + D ial-up access on 12month contract Pay only R219.00 for the first 6 months and then R259 per month thereafter

The Service Fee for the first 6 months of the special offer is discounted by R40.00 per month to R179.00. You will pay the full Service Fee of R219.00 per month for the remaining 6 months.

OR OR

The Service Fee for the first 6 months of the special offer is discounted by R40.00 per month to R219.00. You will pay the full Service Fee of R259.00 per month for the remaining 6 months.

One of our mont h-t o-mont h opt ions below:
DSL up to 384kbps line
+ 1GB ADS L Cap + 1GB ADS L Cap + Dial-up access + 2GB ADS L Cap + 2GB ADS L Cap + Dial-up access + 3GB ADS L Cap + 6GB ADS L Cap + 9GB ADS L Cap + 12GB ADSL Cap R 219.00 R 259.00 R 279.00 R 319.00 R 399.00 R 629.00 R 799.00 R 999.00

DSL up to 512kbps line
+ 1GB ADS L Cap + 1GB ADS L Cap + Dial-up access + 2GB ADS L Cap + 2GB ADS L Cap + Dial-up access + 3GB ADS L Cap + 6GB ADS L Cap + 9GB ADS L Cap + 12GB ADSL Cap R 399.00 R 439.00 R 469.00 R 509.00 R 549.00 R 769.00 R 979.00 R1179.00

DSL up to 4096kbps line
+ 1GB ADS L Cap + 1GB ADS L Cap + Dial-up access + 2GB ADS L Cap + 2GB ADS L Cap + Dial-up access + 3GB ADS L Cap + 6GB ADS L Cap + 9GB ADS L Cap + 12GB ADSL Cap R 499.00 R 539.00 R 539.00 R 579.00 R 579.00 R 819.00 R1049.00 R1249.00

Declaration
This Application Form must be accompanied by a co py of your ID doc ument, Proo f of Address. I declare that the information give n a bove is true and correct. I have read, understand and a gree to be bound by the ADSL Service Terms, the ADSL Line Rental Migration Agreeme nt, as well as the conditions contai ned in t his Application Form. PRINT NAM E: AUTHORISED SIGNA TURE: DATE:

D

D

/

M

M

/

Y

Y

Y

Y Application form

Ret urn t o MWEB – Fax: (021) 596 8211

Tel: (021) 596 8882

MWEB ADSL LINE RENTAL MIG RATION AGREEMENT

ISP Resell DSL A greement reference number: Internet Service Provider details - (MWEB HOME)
BUILDING NAME & NUMBER: STREET NAME & NUMBER:

MWEB 100 FAIRWAYS CLOSE PAROW CAPE TO WN 7463

BUSINESS REGISTRATION NUMBER: VAT REGISTRATION NUMBER: MWEB E-MAIL ADDRESS: TEL NUMBER (WORK):

1996/015134/07 4390165688 info@mweb.com 021 596 83 00

SUBURB:

TOWN:

POSTAL CODE:

Customer Details
Current ADSL Telephone number:

Current ADSL A ccess Line Speed
(Please select your curre nt line speed by ma rking t he appropriat e box wit h an ‘X’)
DSL up to 384kbps: DSL up to 512kbps: DSL up to 4096kbps:

Declaration
I consent that MWEB may apply for an ADSL line o n my behalf. I agree that upo n Telkom's confirmation, the agr eement between myself a nd Telkom in r espect of my e xisting ADSL li ne will terminate, and a new agr eement for t he provisioni ng of an ADSL service will come i nto place betwee n myself and MW EB. I confirm t hat MWEB m ay link the new ADSL Line service to my existing POTS service. I give MW EB conse nt to query any penalties with Telkom i n rel ation to the migration of the ADSL line re ntal. I indem nify MWEB a gainst a ny claims, damages, costs, expenses or penalties, which may arise from the terminatio n o f my existing Telkom ADS L line. I have rea d, understand and a gree to Telkom’s standar d terms a nd co nditions fo und at http://www.telkom.co.za/athome/products/dsl/home_terms.html. I have rea d, understand and a gree to the MWEB A DSL service terms. I confirm t hat the information provi ded in this ADSL Line Rental Migration Agreeme nt is true and correct. PRINT NAM E:

DATE:

D

D

/

M

M

/

Y

Y

Y

Y

AUTHORISED SIGNA TURE:

Ret urn t o MWEB – Fax: (021) 596 8211

Tel: (021) 596 8882

MWEB ADSL SERVICE TERMS

4.1.2.1.2 4.1.2.1.3

you will pay an installation fee and a monthly line rental to Telkom; and we will provide the Base Cap to you over the Telkom ADSL network on a month to month basis; or Rent an ADSL from MWEB directly, under which circumstances:

Please read the following terms very carefully as they set out your rights and obligations when you subscribe to or use our capped ADSL Service. 1. ADSL SERVICE DESCRIPT ION

4.1.2.2 4.1.2.2.1

We provide a capped asymmetric digital subscriber line (ADSL) service that enables you to send and receive data and email and to access the Internet using a high-speed connection (ADSL Service).

2. INTRODUCTION 2.1 By using or subscribing to the ADSL Service you agree that you have read, understand and are bound by: the terms that apply to all our services set out at: www.mweb.co.za/notices/default.aspx (General Terms); and 2.1.2 the terms that apply specifically to the ADSL Service, set out herein and on the ADSL Website (ADSL Service Terms). If you do not want to be bound by the General Terms and the ADSL Service Terms, you must not use or subscribe to the ADSL Service. In the case of an inconsistency between the ADSL Service Terms and the General Terms, the General Terms will prevail to the extent that such terms and conditions apply to the ADSL Service. 2.1.1

you will qualify for the Self Install Option according to the criteria determined by Telkom, as set out on the ADSL Website; 4.1.2.2.2 MWEB will apply to Telkom for the ADSL on your behalf and Telkom will approve your application; 4.1.2.2.3 MWEB will supply you with a Modem which is required to enable the ADSL Service; 4.1.2.2.4 MWEB will provide the ADSL Service to you, over the Telkom ADSL network; 4.1.2.2.5 you will agree to and sign the Telkom Resell ADSL Terms and Conditions; 4.1.2.2.6 you will enter into either a monthly or a Fixed Term agreement with us for the provisioning of the Service; and 4.1.2.2.7 you acknowledge that a ADSL procured in this manner will have one of 3 line speeds 4.1.2.2.7.1 up to 384 Kbps; 4.1.2.2.7.2 up to 512 Kbps; or 4.1.2.2.7.3 up to 4096 Kbps; or 4.1.2.3 Transfer your existing Telkom ADSL to MWEB, under which circumstances:

2.2 2.3

3. INTERPRETATION 3.1 3.1.1 3.1.2 3.1.3 3.1.4 3.1.5 3.1.6 3.1.7 In these ADSL Service Terms: the singular includes the plural and vice versa; amounts exclude VAT unless otherwise stated; ADSL means an Asymmetric Digital Subscriber Line which transmits your data onto the Telkom network; ADSL Service or Service means the provisioning of the ADSL and Cap; ADSL Website means the website located at: http://www.myadsl.mweb.co.za; Application Form means the document in terms of which you apply for the Service, select your desired Cap and provide relat information to us; ed Auto Booster means the Out of Package Usage of 1 Gig which will automatically be made available to you when you reach or exceed your Base Cap, should you subscribe for this service Booster means Out of Package Usage that you can purchase from us to increase your Base Cap; Capped Booster means Out of Package Usage that is made available at a fixed price in fixed quantities of either 1GB or a 3GB; Date of Activation means the date from which you will be in a position to send and receive data and email and access the internet by making use of the ADSL service; Base Cap or Cap means the amount of data, measured in Gigabytes (GB), that you would like to send and receive during the course of a calendar month and can be 1GB, 2 GB; 3 GB; 6 GB; 9 GB or 12 GB; Fixed Term Agreement means an a contract for the provisioning of the Service for a period of 12 months; Kbps means kilobytes per second; Meg means megabyte; Modem or Router means the device which is used to connect your computer to the Telkom Telephone Service, in order to enable the ADSL Service; Out of Package Usage means data sent or received over and above your Base Cap; Self Install Option means that you are in a position to complet the part of e the ADSL line installation that is required to take place at your premises, yourself; Service Fee means the amount which we will charge you for the rental of the ADSL and the Cap selected by you, as recorded in the Application Form and/or displayed on the MWEB ADSL Website; Subscribe means your act of gaining access to the ADSL Service by entering into an agreement with us for the provisioning of the Service to you; Telkom means Telkom SA Ltd; Telkom Resell ADSL Terms and Conditions means the Telkom Resell ADSL product-specific conditions, which are available at insert; Telkom Telephone Service means a fixed access line for making and receiving telephone calls; Unit Price means the cost per megabyte of the Usage Based Booster; Usage Based Booster means Out of Package Usage for which you will be charged per megabyte; Use includes (without limitation) accessing, retrieving, downloading, logging on to or viewing the ADSL Service; VAT means Value added Tax; and We, us and our means MultiChoice Subscriber Management Services (Pty) Ltd-Internet Division (MWEB), and its affiliates and subsidiaries.

4.1.2.3.1 you will consent in writing that MWEB may terminate your existing ADSL with Telkom and that we may transfer your ADSL to MWEB; 4.1.2.3.2 you agree to rent the ADSL from MWEB and agree that MWEB will provide you with a Cap; and 4.1.2.3.3 you indemnify MWEB against any damages or penalties which may arise from the termination of an your existing Telkom ADSL. 4.2 4.2.1 4.2.2 4.2.3 Billing You will pay the Service Fee to MWEB monthly in advance by way of debit order, on or before the 1st day of each calendar month Billing will commence on the Dat of Activation. e You will be liable for the charges of any Telkom technician who is dispatched to your premises at your instance, save for Telkom ADSL Network related matters, which will be free of charge. Measures to control Out of Package Usage We have measures available to limit your access to the ADSL Service when you reach or exceed your Base Cap, which are implemented subject to 4.3.2.1.4. Under these circumstances, you will not be able to use the ADSL Service, send or receive data or email, or access the Internet until the start of the next month, unless you do one of the following things: buy a Booster use a dial-up service; or increase your Base Cap to a higher Gigabyte factor. The different options are discussed below: 4.3.2.1 OPTION 1: Buy a booster either online or via our call centre :

4.3 4.3.1

3.1.8 3.1.9 3.1.10

4.3.2

3.1.11

4.3.2.1 4.3.2.2 4.3.2.3

3.1.12 3.1.13 3.1.14 3.1.15 3.1.16 3.1.17

4.3.2.1.1 THREE (3) TYPES OF BOOSTERS ARE AVAILABLE; 4.3.2.1.1.1 The Hard Cap Booster (if you are an existing subscriber) You may buy a 1GB Booster if you have a 1GB, 2GB, 3GB, 6GB or 9GB Base Cap; or You may buy a 3GB Booster if you have a 3GB, 6GB or 9GB Base Cap. It lies within our discretion to limit the number of Hard Cap Boosters that you may use in any given month. The Auto-Booster. You may only subscribe for one Auto Booster per month. Usage Based Booster (if you are a new subscriber or an existing subscriber who selects this option, or should you fail to select any option) The Usage Based Booster will kick in automatically once you reach your Base Cap. You will be able to obtain Out of Package Usage under this option up to 5 Gigabyt (the “5 Gig Safet Lock”). es y Every time that you reach the 5 Gig Safety Lock, you will be required to settle your account for the Out of Package Usage immediately, whereupon you will become eligible to use another 5GB. Should you fail to settle your account once your reach the 5 Gig Safety Lock, we will not make another Usage Based Booster available to you, and we will bill you in arrears for the Out of Package Usage. We reserve the right to change the limit of the Safety Lock from time to time. PRICING The prices for the different Hard Cap Boosters, the Auto Booster, and the Unit Price for the Usage Based Boosters are available on the ADSL Website. We reserve the right to change these prices from time to time. UNUSED DATA CAPACITY You can cancel any Booster that you have bought, save for the Usage Based Booster, if you have not used the Booster at all. In that case, we will refund you the charges.

3.1.18

3.1.19 3.1.20 3.1.21 3.1.22 3.1.23 3.1.24 3.1.25 3.1.26 3.1.27

4.3.2.1.1.2

4.3.2.1.1.3

4. ADSL SERVICE TERMS 4.1 Pre-requisites

4.1.1 ADSL availability 4.1.1.1 The ADSL Service is not available everywhere. 4.1.1.2 You are responsible for checking that the ADSL Service is available on your Telkom Telephone Service before you Subscribe to the ADSL Service. 4.1.2 Telkom Telephone Service and ADSL You are required to have beneficial use of an active Telkom Telephone Service, as well as an ADSL in order to make use of the ADSL Service. You can gain access to an ADSL in one of three ways: 4.1.2.1 Engage with Telkom circumstances: directly for the ADSL rental, under which

4.3.2.1.2 4.3.2.1.2.1

4.3.2.1.2.2 4.3.2.1.3 4.3.2.1.3.1

4.1.2.1.1

Telkom will attend to the installation of the ADSL;

4.3.2.1.3.2

Data Capacity under a Hard Cap Booster which was not used during the course of a month will be carried over to the next month for use during that month, but that month only. Under these circumstances, you will first use your Base Cap, and then the Booster Data Capacity, which was carried over. DISCLAIMER Because of the nature of the ADSL sessions, and because ADSL is a session based technology, we do not guarantee the efficiency of the measures available to limit your access as contemplated in this clause 4.3, including without limitation the Safety Lock. We accordingly do not accept responsibility if you exceed your Base Cap, and will charge you for Out of Package Usage at our prevailing rates. You are therefore finally responsible for monitoring and controlling your use of the ADSL Service. OPTION 2: Use a dial-up service if you have subscribed for this If you have selected the 3GB, 6GB, 9GB or 12GB Base Cap, the dial-up service is automatically included in your ADSL Service at no additional charge. If you have selected the 1GB or 2GB Base Cap, you may choose to add the dial-up service at an additional monthly charge. The additional charges are displayed on the ADSL Website. We reserve the right to change the charges from time to time. OPTION 3: Increase your Base Cap to a higher Gigabyte factor. If you regularly exceed your Base Cap, you should consider increasing your Base Cap. You may increase (or decrease) your Base Cap with effect from the first day of a subsequent month against payment of the relevant charges, as displayed on the ADSL Website Monitoring usage As stated above, we have a comput system that may measure your er usage of the ADSL Service to determine if and when you reach your Base Cap. However, due to the way in which Telkom offers ADSL, we can only measure your usage at times when you end a current session. Your current session will end: automatically, at least once every 24 hours for a very short moment; and when you manually end your session. Because your access to the ADSL Service will be restricted when you reach your Base Cap, it is important that you: monitor your usage of the ADSL Service by using our cap aids and alerts (see below); and regularly end your current sessions so that we may be able to measure your usage. It lies within our discretion to end your current session at any time to measure your usage. You are finally responsible for monitoring and controlling your use of the ADSL Service. We provide three measures, currently free of charge, that will assist you to keep track of your ADSL Service usage: ADSL Website: this will help you to monitor your use of the ADSL Service online, and enables you to buy Boosters, and to manage your SMS cap alerts. You will administer the ADSL Website yourself. SMS and email alert: When you subscribe to or start using the ADSL Service you will be asked whether you wish to receive SMS alerts. In respect of your Base Cap: We will send you SMSes and/or emails at regular intervals to inform you how much of your Base Cap you have used. You may also subscribe to (“opt in”) to receive SMS alerts when you have used 30%, 50%, 70% or 90% of your Base Cap. In respect of the Usage Based Boosters: We will send you an e-mail alert for each R100 (one hundred Rand) meg increment Out of Package Usage. Concurrency You may only have the following connections to the ADSL Service at any given time: If your account has a 1GB Base Cap, you may only have:1 (one) ADSL connection; and 1 (one) dial-up connection (if applicable) (analogue or 64K ISDN only), to the network at any given time. If your account has a 2GB Base Cap, you may only have:2 (two) ADSL connections; and 1 (one) dial-up connection (if applicable), to the network at any given time. If your account has a 3GB Base Cap, you may only have:2 (two) ADSL connections; and 1 (one) dial-up connection (if applicable), to the network at any given time. If your account has a 6GB, 9GB or 12GB Base Cap, you may only have:3 (three) ADSL connections; and 1 (one) dial-up connection (if applicable), to the network at any given time.

4.5.2

You may increase or reduce the number of concurrent connections on your ADSL service, subject to the limitations of clause 4.5.1, by accessing the ADSL Website and making the necessary changes. Exceeding your Cap and blacklisting From time to time, in any given month, we may in our sole discretion allow you to exceed your Base Cap without stopping your access to the ADSL Service. 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 ADSL Service if you exceed your Base Cap at any time in the future. If you exceed your Base Cap, we reserve the right in our sole discretion to recover from you the cost of the amount of data by which you have exceeded your Base Cap. If you exceed your Base Cap regularly, we reserve the right in our sole discretion to “blacklist” you. In that case, we will measure your usage of the ADSL Service very carefully and stop your access to the ADSL Service promptly every time you exceed your Base Cap. Credit checks and your information By applying for a subscription to the ADSL Service or by using the ADSL Service you authorise us, in our sole discretion and at any time, to:check your credit history with any credit bureau; and provide any of your personal information to the credit bureau for this purpose. We reserve the right, for any reason and without notice to you, to refuse or end your subscription to the ADSL Service or a Booster. When you subscribe to or start to use a service, if requested by us, you will provide us with your full names, identity number, residential and business or postal address, a certified copy of your identity document and (if you are a legal entity) a certified copy of your business letterhead. Duration and terminatio n of the Agreement This agreement commences on the date on which we confirm that we are in a position to provide the Service to you and will terminate: in the case of a Fixed Term Agreement: upon the expiry of a period of 12 months following the Date of Activation, whereupon the agreement will continue on a month to month basis subject to termination by you by giving us 1 (one) calendar month’s written notice, which may not be given prior to the expiry of month 12; in the case of a month to month arrangement: upon receipt in writing from you of 1 (one) calendar month’s notice, which notice will take effect on the first day of the month immediately following the end of the 1 month notice period; or on the dat specified in a notice in writing from us which we may give e in the event of termination of the agreement between us and Telkom relating to the ADSL Service. We reserve the right to suspend the provisioning of the Service to you in the event of inter alia non-payment by you of any fees due to us under this agreement or non-payment by you to Telkom of your Telkom Telephone Service. You will, however, under these circumstances be able to be reconnected to the Service upon payment of a re-activation fee. We reserve the right to terminate the provisioning of the Service to you in the event of inter alia non-payment by you of any fees due to us under the agreement or non-payment by you to Telkom of your Telkom Telephone Service, or the termination by you of your Telkom Telephone Service. We will always use reasonable endeavours to notify you of the suspension or termination of the Service. You indemnify us against any damage, loss, cost or claim which we may suffer or incur arising from the suspension or termination of the Service. ADSL acceptable use policy You will only use the ADSL Service for purposes: that are lawful; and for which it was designed. You will not use the ADSL Service, directly or indirectly, in a way that: is harmful, obscene, discriminatory, defamatory or illegal; constitutes hate speech, incitement to commit criminal acts, or invasion of privacy; infringes copyright or other intellectual property rights; spreads viruses or other computer or communications software, code, programs or files that impede or destroy the functionality of any computer or communications software or equipment; interferes with any third party’s use of the ADSL Service; transmits unsolicited bulk messages (“spam”); obtains information about or from third parties; causes your Cap to be regularly exceeded; or otherwise breaches the General Terms or the ADSL Service Terms. We reserve the right to limit the number of emails that you may send in any given period or to limit the total message volume (amount of data) sent per hour.

4.6 4.6.1.

4.3.2.1.4 4.3.2.1.4.1

4.6.2

4.3.2.1.4.2

4.3.2.1.4.3

4.6.3

4.3.2.2 4.3.2.2.1

4.6.4

4.3.2.2.2 4.3.2.2.3

4.7 4.7.1 4.7.1.1 4.7.1.2

4.3.2.3 4.3.2.3.1 4.3.1.3.2

4.7.2

4.7.3 4.4 4.4.1

4.4.2 4.4.3 4.4.3.1 4.4.3.2 4.4.4 4.4.4.1 4.4.4.2 4.4.5 4.4.6 4.4.7

5. 5.1 5.1.1

5.1.2

5.1.3

5.2 4.4.7.1 4.4.7.1.1 4.4.7.1.2 4.4.7.2 4.4.7.2.1

5.3

4.4.7.2.2

5.4

5.5 4.4.7.2.3

4.5 4.5.1

6. 6.1 6.1.1 6.1.2 6.2 6.2.1 6.2.2

4.5.1.1 4.5.1.1.1 4.5.1.1.2

4.5.1.2 4.5.1.2.1 4.5.1.2.2

6.2.3

4.5.1.3 4.5.1.3.1 4.5.1.3.2

6.2.4 6.2.5 6.2.6 6.2.7 6.2.8 6.3

4.5.1.4 4.5.1.4.1 4.5.1.4.2

7. 7.1

Disclaimer We use the Telkom ADSL network to provide the Service. We accordingly provide the ADSL Service subject to the limitations and terms imposed by Telkom, which includes the actual availability of the Telkom network. We will always try to provide the Service to the best of our ability. However, we:provide the ADSL Service “as is” and “as available”; and do not warrant or guarantee that the Service:is free of errors or int erruptions; is always available; is fit for any purpose; does not infringe any third party rights; is secure and reliable; or will conform to your timeline requirements. We also do not warrant that we will always be in a position to obtain an ADSL for you from Telkom, or that Telkom will continue to make the ADSL used by you available to us for the purposes of this agreement; or that we will always be in a position to lease ADSLs to subscribers as contemplated in clause 4.1.2 above. Limitation of liability You subscribe to and use the ADSL Service at your own risk. We are not liable to you or any third party for, and you hold us harmless and indemnify us against, any damages suffered by you or a third party howsoever arising from your Subscription to or use of the ADSL Service, including (without limitation) any damages suffered by you due to:any int erruption of or error in the ADSL Service; or our failure to fulfil our obligations as a result of uncontrollable events, including without limit ation Telkom’s neglect, failure of refusal to make, or to continue to make, the ADSLs or the ADSL Service available to us. If you suffer damages or are dissatisfied with the ADSL Service your only remedy is to end your subscription (if it is not for a fixed term) or stop using the ADSL Service. In this clause: damages means all damages of whatever nature and includes (without limitation) all damages, loss, claims or costs, including (without limitation) loss of data, profits or custom, or business foregone whether:in contract, delict or otherwise; direct, indirect, special or consequential; foreseeable or not; and we were advised of the damages in advance or not; and uncontrollable events mean any circumstances beyond our reasonable control, including (without limitation) an act of God, of public enemy, fire, explosion, earthquake, perils of the sea, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, blockade, embargo, sanctions, epidemics, act of any government or other authority, compliance with government orders, demands or regulations, or any act or omission on the part of a third party (including (without limitation) Telkom). Indemnity

7.1.1 7.1.2 7.1.3 7.1.3.1 7.1.3.2 7.1.3.3 7.1.3.4 7.1.3.5 7.1.3.6 7.2

8. 8.1. 8.2.

8.2.1. 8.2.2.

8.3

8.4 8.4.1

8.4.1.1 8.4.1.2 8.4.1.3 8.4.1.4 8.4.2

9.

You indemnify us against all damages, loss or costs suffered by us or claims instituted against us howsoever arising from: your Subscription to or use of the ADSL Service; or your breach of the General Terms or the ADSL Service Terms. 10. Change to ADSL Service Terms

We may change any or all of the ADSL Service Terms including (without limitation) the ADSL Service charges at any time upon notice to you. Any changes will become effective when we publish them on the ADSL Website. You agree to check our legal notices website, the ADSL Website and the ADSL Service Terms periodically for changes. By continuing to use the ADSL Service after we make the changes, you agree to be bound by the changed ADSL Service Terms. If you do not accept the changed ADSL Service Terms, you must stop subscribing to the service (if you have not subscribed for a fixed term), or stop using the ADSL Service. © MWEB Ts & Cs LAST REVISED 22 AUGUST 2007


				
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Description: Closer Customers - MWEB ADSL Line Migration