Terms and Conditions
General terms and conditions.
We update our Terms and Conditions from time to time on our Website, www.megasurf.co.za and it is your duty to frequently and regularly visit our website and familiarize yourself with any changes made to our Terms and Conditions below.
1.1 “MEGASURF” means either of Megasurf Wireless Internet CC or any of its trading names (for instance MEGAFIBRE) or other entity which Megasurf Wireless Internet CC may assign, cede or delegate any of their rights or obligations to from time to time.
1.2 “Megasurf System” means equipment operated together as a system by Megasurf to provide any Service, including without limitation servers, peripherals, routers, switches, Software, Databases, cables, generators, and uninerruptible power supplies.
1.3 “Megasurf Website” means the Internet website published at the URL www.megasurf.co.za or another URL that Megasurf notifies the Client of from time to time.
1.4 “Agreement” means these General Terms and Conditions, Acceptable Use Policy, and applicable Fibre Terms and Conditions, Applications and Service Oriders and all annexures to any of these documents.
1.5 “Application” means a request for initiation of a Service(s) and / or provision of Good(s);
1.6 “Business Day” means any day other than a Saturday, a Sunday or a public holiday in the Republic of South Africa.
1.7 “Business Hour” means a period of 60 minutes between the hours of 08h00 and 17h00 South African Time, on a Business Day.
1.8 “Client” is the party described as such on any Application or Service Order executed between it and Megasurf.
1.9 “Client Data” means Data:
1.9.1 transmitted to the Client using the Megasurf System,
1.9.2 stored by the Client on the Megasurf System (or on the Client System as the case may be), or
1.9.3 transmitted by the Client via the Megasurf System,
1.9.4 in the day-to-day utilisation of a Service.
1.10 “Client Equipment” means any equipment installed at the Client’s premises by the Client that Megasurf does not own, including without limitation servers, peripherals, routers, switches, Software, Databases, Data cables, and uninterruptible power supplies.
1.11 “Data” means electronic representations of information in any form.
1.12 “Database” means a collection of related data including, but not limited to, text, images sound and video, all of which have been created and integrated using a method of connecting and displaying the data into a collection of interrelated independent files or data which are stored together.
1.13 “Domain” means an Internet subdomain registered with an authorised registrar appropriate to its top-level domain (“TLD”) and comprising its constituent domain name server records including, but not limited to, host names, aliases and mail exchange (“MX”) records.
1.14 “Emergency Maintenance” means maintenance to the Megasurf System intended to remedy existing circumstances or prevent imminent circumstances that are likely to cause danger to persons or property, an interruption to the Communication Services, or substantial loss to Megasurf, the Client or any third party.
1.15 “Fee” in respect of each Service will be as noted in the Fee Schedule set out in the Application or provided to the Client on initiation of the Service and adjusted from time to time.
1.16 “Goods” means any and all goods to be provided by Megasurf to the Client in terms of this Agreement, including without limitation equipment, hardware and third-party software.
1.17 “Good Industry Practice” means the exercise of that degree of skill, diligence, prudence and foresight which would reasonably be expected from a skilled and experienced service provider providing similar services to those provided under this Agreement. Such a service provider would seek in good faith to comply with its contractual obligations, and with all applicable laws, codes of professional conduct, relevant codes of practice, relevant standards, and all conditions of planning and other consents.
1.18 “Intellectual Property Rights” means patents, registered designs, trademarks (whether registered or otherwise), copyright, trade secret rights, database rights, design rights, service marks and other intellectual property rights and rights to claim something as confidential information that grant similar rights.
1.19 “Malicious Code” means anything that contains any computer software routine or code intended to:
1.19.1 allow unauthorised access or use of a computer system by any party, or
1.19.2 disable, damage, erase, disrupt or impair the normal operation of a computer system,
1.19.3 and includes any back door, time bomb, Trojan horse, worm, drop dead device or computer virus.
1.20 “RICA” means the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2003.
1.21 “Services” generally means internet services and access but for each specific service offering the meaning will be specified in more detail, as provided in the additional terms for each of the listed options.
1.22 “Service Order” means a goods, license, services and / or work order agreed to in terms of this Agreement describing the specific Goods or Services to be provided by Megasurf to the Client.
1.23 “Service Terms” means a document describing the terms on which Megasurf will provide a particular Good or Service, as amended from time to time.
1.24 “General Terms” means this document.
1.25 “Software” means any computer programme (whether source- or object code), as well as any database structure or content, artistic work, screen layout, cinematograph film, sound recording, preparatory material, user or technical documentation or any other work created in connection therewith and any modifications, enhancements or upgrades thereto.
1.26 “Supplier” means a supplier of goods and / or services to Megasurf.
1.27 “User/s” means the Client or any other person accessing any the Services provided by Megasurf.
- How the Agreement Works
2.1 The Goods and Services that Megasurf will provide to the Client will be described in the Application and/or Service Orders.
2.2 These General Terms apply to all Services.
2.3 More details of particular Goods or Services may be contained in Service Terms.
2.4 The Application, Service Order(s), Fibre Terms and Conditions, and this document together form the Agreement between Megasurf and the Client. If the Parties enter into a Service Level Agreement or agree to an annexure to any of these documents, these will also form part of the Agreement.
2.5 If there is any conflict between any of these documents, they will be interpreted in descending order of precedence as follows: General Terms (this document), Service Terms, Service Order, Acceptable Use Policy, and Service Level Agreement, unless otherwise expressly stated in writing.
- Applications and Initiation
3.1 Megasurf will provide the Goods and Services to the Client as described in an application or Service Order in terms of the Agreement.
3.2 Megasurf reserves the right to refuse to commence provision of Services based on the Client’s prior conduct.
3.3 An Application must be submitted via the Megasurf Website or via e-mail or any other manner indicated to the Client by Megasurf. Once an application is accepted by Megasurf it becomes a Service Order.
3.4 Each Service Order (read with the other documents mentioned above) will be a separate contract between the Client and Megasurf (unless amended or renewed by another Service Order).
3.5 The terms of one Application or Service Order will not apply to another, unless a Service Order amends or renews an existing Service Order or adds Goods or Services to an existing contract.
3.6 The Client consents to Megasurf carrying out a credit check on the Client at any applicable credit bureau and may make the provision of the Goods or Services dependant on its satisfaction with the results. Megasurf may provide information on the Client’s payment record to a credit bureau.
3.7 If the Client is a juristic person, Megasurf may require one or more of its officers to stand surety for the Client’s obligations under this Agreement. Even if the Agreement has commenced, Megasurf may withhold providing the Services or suspend providing the Services at any time until the surety has been signed.
3.8 Depending upon the Service provided, Megasurf may be obliged under RICA to obtain certain information and documents from the Client, and Megasurf may withhold or suspend providing Services at any time until the Client has provided the necessary information and/or documents to Megasurf.
3.9 If the Client has not complied with a requirement of this clause, Megasurf may delay providing the Goods or Services until the Client has complied. If the Client does not comply within a reasonable period, Megasurf may terminate this Agreement and will not be liable for any damage that the Client may suffer as a result.
3.10 Commencement of the Services is subject to a seven-day cooling-off period which will be interrupted if the Service in question is made available to the Client during this period.
- Client’s Commitments
4.1 The Client confirms that all statements made to Megasurf are true and correct. Megasurf reserves the right to request proof of any facts or claims. The Client also commits to providing Megasurf with necessary information required in the provision of the selected Services, and (where applicable) consent to the use or sharing of this information with 3rd parties to comply with regulatory conditions (such as Domain Registration Listings) within the guidelines of applicable privacy legislation.
4.2 Megasurf reserves the right to, at any time, request verification of the identity of the Primary Account Holder. Failure to produce such verification could result in summary suspension or cancellation of the product(s) and Services.
4.3 The Client (or the Client’s agent) certifies that the Client is above the age of 18 years, has full contractual capacity and (in the case of an agent) is duly authorised by the Client to contract on the Client’s behalf.
4.4 Megasurf’s website and attached systems are designed to facilitate reasonable use of the Megasurf products and Services. Megasurf reserves the right to suspend or terminate users who are improperly using features of the systems to avoid billing, shaping, suspension or any other system controls, or exploit bugs or limitations in the system design to effect avoidance of system controls or commit crimes. Megasurf reserves the right to deem an activity as “unreasonable exploitation of the system” and will take appropriate action based on the circumstances and severity of the incident(s).
4.5 The Service Order(s) and this Agreement, the Services or the interpretation of the supporting documents shall be governed by the laws of the Republic of South Africa and the courts of South Africa will decide any disputes.
4.6 If the Client or its staff engages in behaviour that is a contravention of the Acceptable Use Policy or may be considered offensive to Megasurf or its staff, Megasurf reserves the right to suspend or terminate the Client’s Services without any notice, irrespective of the form and medium of this abuse.
4.7 In the event that any of the terms of this document are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
4.8 Megasurf reserves the right to remove any content hosted by a client which it considers illegal or contrary to the Acceptable Use Policy or for which it has received a takedown notice.
- Service Credit
5.1 Except in exceptional circumstances and in the sole discretion of Megasurf, the Client may not make a claim for Connectivity service downtime. Should the Client feel entitled to, the Client must log a dispute with Megasurf. Any refund will be made to the Client by Megasurf, which has sole discretion whether to accept the Client’s claim or not without giving any reasons. Such credit will exclude any claims for Slow Access, Intermittent Service and any other fault type.
5.2 The calculation of time periods for the purpose of calculating any service credit shall be in the sole discretion of Megasurf.
- Terms Subject to Change
6.1 Megasurf may amend the General Terms and Service Terms at any time. The amended versions will be posted on the Megasurf Website, and Megasurf will as soon as possible after posting the amendments make reasonable efforts to advise the Client of them by email or by means of a notice on any Invoice or Statement. The Client also has a duty to duty to keep itself informed of the latest version of the above documents by accessing the Megasurf Website on a regular basis.
6.2 Megasurf must give at least one calendar months’ notice for the amendments, which will become effective at the beginning of the first calendar month after the notice period has expired.
6.3 If the Client objects to any of amendments, it may terminate the Agreement, and the termination will become effective at the end of the normal notice period.
6.4 If Megasurf changes its Fees, the change must take place as described in this clause.
- Interactions with Staff and Megasurf Brand
7.1 Clients will be held accountable for their conduct towards Megasurf staff and in the public domain with regard to allegations or malicious conduct directed towards Megasurf or its staff.
7.2 Abusive behaviour, including (but not limited to) aggression, bullying, offensive language or conduct, including threats, humiliation or any type of intimidation on a forum or directed at Megasurf or its staff will be deemed abusive and will not be tolerated. Such conduct may constitute an AUP violation and Megasurf reserves the right to suspend or terminate Services to a Client in such cases.
7.3 Clients using public platforms to spread libel, false allegations, unreasonably or maliciously diminish the reputation or public perception of the Megasurf brand (or its staff) may have their Services suspended or terminated, depending on the severity and circumstances of the incident(s), and may also be regarded as contrary to the AUP.
- Availability of Services
8.1 Megasurf cannot guarantee the provision of the requested Service upon the receipt of an Application.
8.2 Provision of the Service is subject to Megasurf confirming that it is technically feasible to do so.
8.3 Clients will be formally notified after receipt of an application whether or not the Service can be provided.
- Choice of Services and Products
9.1 Megasurf offers online application and signup for all products and Services online as well as in the form of a physical document. The Client is solely responsible for ensuring that their choice of product or service conforms to their requirements or desired outcome. Megasurf will not be liable for compensation, costs or damages resulting from incorrect selection of products or services, or resultant delays in rectifying such errors.
9.2 Sign-up for products and services is subject to the cooling-off period described in section 44 of the Electronic Communications and Transactions Act (“the ECT Act”).
9.3 Megasurf provides Services on the basis of information provided by the Client, and Megasurf offers no warranty as to the suitability of the Services beyond the requirements as expressed by the Client.
9.4 Megasurf reserves the right to stop offering particular Services if it deems it necessary. Megasurf will then either provide the service for the remainder of the time that has been paid for or refund the amount paid for that specific package.
- Payment and Penalties
10.1 Megasurf reserves its rights to change its prices at any time on reasonable notice, which will not be less than 30 days, as per the minimum term of a month-to-month agreement.
10.2 Megasurf only accepts Debit Order and EFT payments for month-to-month services and will only accept alternative payment under specific circumstances and only by prior arrangement at Megasurf’s discretion.
10.3 The Client’s monthly debit orders of the Fee will be submitted monthly in advance on or about the first Business Day of the month.
10.4 Megasurf will not accept any liability or responsibility for delays, suspensions or impact to Services due to use of non-approved payment methods by Clients.
10.5 If the Client’s debit order bounces for any reason, Megasurf reserves the right to resubmit the debit order at any time and a Fee will be payable for the debit order that have bounced.
10.6 Non-payment of any Fee by its due date, whether as a result of unpaid Debit Orders may result in immediate suspension of Services (which may not be limited to the particular Service in question). Megasurf retains the right to suspend any Services for non-payment, and to withhold such Services until all arrears are settled in full on any and all products and Services.
10.7 Services which have been suspended for non-payment of Fees will remain suspended until payment has been made and the Service is reconnected as described below. The Client will not be credited for data or Services that would otherwise have been available to the Client during the period of suspension.
10.8 If the Client remains in default of a monthly Fee for two consecutive calendar months, Megasurf may terminate the agreement with immediate effect. The Client will remain liable for all Fees and charges for any period of suspension.
10.9 Should the Client settle the unpaid Fee they will be reconnected as described below.
10.10 Megasurf may charge an Admin Fee for failed or returned payments, regardless of method of payment or the reason for non-payment. Such Admin Fees are payable immediately and in conjunction with the outstanding fees which resulted in non-payment. Admin Fees will be calculated on a sliding scale based on the number of incidents of non-payment on the Client’s payment record. Non-payment of Admin Fees will be considered non-payment and will be subject to the same terms. Once levied, Admin Fees are not recoverable or reversible, regardless of whether payment is made within the prescribed period.
10.11 If the Client’s Services are suspended or terminated for any reason, including non-payment, Megasurf may charge a Reconnection Fee for subsequent reactivation of services. Reconnection Fees are payable in full before any services can be reactivated, once suspended. Megasurf 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 Megasurf’s right to enforce such penalties in full at any time (within their discretion).
10.12 Reconnection of Services may be subject to a waiting period of up to 72 hours, at Megasurf’s discretion, regardless of when payment is received or cleared.
10.13 In cases of suspension of Services due to non-payment, Megasurf reserves the right to levy both Reconnection Fees and Admin Fees. Any and all penalty fees must be settled in full, prior to reconnection of affected services.
10.13 Both Admin and Reconnection fees will not exceed R400.00 (charged on a sliding scale based on the number of incidents of non-payment), and this amount is based on (but not limited to) a reasonable estimation of accumulated administrative costs (such as labour), bank penalties and resubmission charges levied by payment carriers.
10.14 In the case of billing disputes, the onus is upon the Client to raise such disputes in good time through the complaints procedure set out in these Terms to prevent interruption of services while the billing is in dispute. Reparations will be made to Clients with successful disputes by means of an account credit or refund, at Megasurf’s discretion.
10.15 Megasurf reserves the right to terminate services where a client has shown a repeated disregard for payment terms and consistently fails to make regular scheduled payments on time and using approved payment methods. The conditions of termination will be based on guidelines determined at Megasurf’s discretion and may vary. The means and terms of termination will be determined at Megasurf’s discretion. Notice of termination will be provided to the best of Megasurf’s ability, but Megasurf will not be held liable for claims or requests for further provision of services once a Client’s services have been terminated due to non-payment.
10.16 Unless otherwise agreed:
10.16.1 Billing will commence on the date that Service provision commences. Partial months will be charged pro rata.
10.16.2 Services are billed in advance and all invoices must be paid by the Client in advance.
10.16.3 Any Services invoiced in arrears are payable on presentation of invoice.
10.16.4 All Fees and other amounts payable are quoted exclusive of VAT.
10.17 Interest will be charged on any amount that remains unpaid by the Client beyond the due date of payment:
10.17.1 The interest rate will be 2% (two percent) above the prime overdraft rate (percent, per annum), up to a maximum of 2% per month.
10.17.2 The prime overdraft rate will be as charged by Megasurf’s bankers at the time and as published on the said’ Bank’s internet website, which will be evidenced by a print screen of the internet website stating the said interest rate, which authenticity it shall not be necessary to prove if printed by Megasurf’s attorneys.
10.18 The interest will be calculated from the due date of payment to the date of actual payment, both days inclusive, and will be compounded monthly in arrears. The Client agrees and undertakes to pay the interest.
10.19 In the event that the client’s account is handed over to Megasurf’s attorneys for collection, the client agrees to pay costs on an attorney and client scale.
- Debit Order Authorisation
11.1 By accepting these terms, the Client hereby authorizes Megasurf to debit their nominated bank account with any variable amount pertaining to the service or products they have selected, on sign up for a calculated pro-rata and thereafter at the beginning of each month (or on signup entirely for purchase of non-service products). This sum being the amount for settlement of the monthly amount due by the Client in respect of services or products.
11.2 The debit authority will remain in force until such services or products are cancelled, subject to the condition that Client agrees that debits related to cancellation notice periods will be honored before the expiration of the debit authority.
11.3 The Client agrees that Megasurf may freely cede, delegate or assign any of its rights or obligations in terms of this debit order instruction without consent from the Client and that the Client may not cede, delegate or assign any of their rights and obligations in terms of this debit order instruction to any third party without the prior written consent of Megasurf.
- Term and Termination
12.1 Megasurf operates on Fixed Term Contracts (12-, 24-, 36- and 48-month Contracts) as well as Month-to-Month contracts. Either the Client or Megasurf may terminate the Month-to Month agreement, or a particular Service, by giving one calendar months’ notice to the other. For example, if notice is given on the 15th of January, termination will take effect on the 1st of March.
12.2 Fixed Term Contracts may only be terminated as provided for in the Consumer Protection Act and only if the Client is a non-juristic person.
12.2 The Client must give notice of termination to Megasurf via e-mail at firstname.lastname@example.org. (email address). Cancellation of any Service is the Client’s responsibility, and the client should ensure that the notice is received by Megasurf. 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, Megasurf or send notice of cancellation to an unattended e-mail address, Megasurf will not be liable for any additional costs or compensation due to the error.
12.3 Either party may terminate this Agreement and any service provision where there is a breach of this Agreement by the other which has not been remedied within seven (7) days of receipt of written notice to do so.
12.4 Megasurf reserves the right to terminate agreements based on a breach of this agreement, or linked agreements (such as their Acceptable Use Policy) which is viewed as a breach of the entire service contract.
12.5 The Client acknowledges that Megasurf may terminate this Agreement by written notice, including email, and without liability in the event of the termination of its agreement with an upstream licensee relevant to the provision of any connectivity Service.
13.1 Should Megasurf agree to the acquisition or transfer of any or all of its services to another company, such services and services agreements will be transferred to the acquiring entity. Clients affected will be notified of such changes and any potential impact to their service agreement within the minimum term (30 days) of a month-to-month agreement.
- Client Information and Privacy
14.1 Clients signing up for services as a Primary Contact are considered as “the client” and no other parties will be permitted access or authority to the Client Account, even if they are a 3rd party recipient or affiliate of the “client”.
14.2 Megasurf will observe all privacy of information best practices, in accordance with the applicable laws of South Africa, including the Protection of Personal Information Act (POPI) of 2013.
14.3 The Client consents to Megasurf processing Personal Information transmitted to the Megasurf System in a way which is consistent with the Service being provided. Where the Client’s use of a Service leads to the transmission of Personal Information to or from the Republic of South Africa, the Client acknowledges that it has a duty to comply with any relevant statutory provisions dealing with data privacy either in the Republic of South Africa or in any foreign country to which the Personal Information is transmitted. The Client warrants that it has obtained the consent of any third party for the use of that party’s Personal Information in this way, or otherwise that such processing is lawful, and indemnifies Megasurf from any claim brought by such third party as a result of its failure to do so.
14.4 Megasurf may retain backups, and the Client consents to such retention. However, Megasurf gives no warranty in respect of the effectiveness of such backups (if any).
15.1 Megasurf will implement measures in line with Good Industry Practice to ensure the security of the Megasurf System and the physical security of Megasurf’s premises but gives no warranty that breaches of security will not take place.
15.2 If the Client discovers a security violation, or thinks that a security violation is imminent, it must immediately notify Megasurf in an appropriate way that does not further compromise security concerns.
15.3 If the Client suffers damage as a result of loss or corruption of Client Data through a security violation, it will be liable for the damage if the violation was the Client’s fault.
15.4 The Client must not do anything that may prejudice the security of the Megasurf System, and must take all reasonable measures necessary to ensure that:
16.4.1 no unlawful access is gained to Megasurf’s premises, the Megasurf System, or the Client’s own system;
16.4.2 no Malicious Code is introduced into the Megasurf System; and
16.4.3 the Client Data is safeguarded.
15.5 If a security violation occurs, or Megasurf is of the view that a security violation is imminent, Megasurf may take whatever steps it considers necessary to maintain the proper functioning of the Megasurf System including without limitation:
16.5.1 changing the Client’s access codes and passwords (or those of any user of the Megasurf System), and
16.5.2 preventing access to the Megasurf System.
15.6 Megasurf takes reasonable measures to provide disaster recovery but does not warrant that recovery will be successful or that it will be completed within any time limit.
15.7 The Client must give its full cooperation to Megasurf in any investigation that may be carried out by Megasurf regarding a security violation.
15.8 If the Client is providing any service to third parties that makes use of the Megasurf System, the Client must contractually bind those third parties to equivalent terms regarding security as are set out in this clause 16.
- Suspension or Terminations of Service
16.1 Megasurf may, subject to this Agreement or Acceptable Use Policy, suspend or terminate services of a client in its absolute discretion by providing email notice if:
16.1.1 the Client commits a serious or repeated breach of the Agreement, or the Client engages in any conduct which in Megasurf’s opinion would have a negative impact on Megasurf, other clients or Megasurf’s staff or is detrimental to the welfare, good order or character of Megasurf; or
16.1.2 Any part of the Client’s Fees are not paid in full when due; or
16.1.3 The information the Client supplied to Megasurf is found to be incorrect or false;
16.1.4 Megasurf reasonably thinks that the Client’s use of the Services may result in the commission of a crime or is otherwise unlawful.
16.2 Megasurf reserves the right to effect such suspension or termination without notice, depending on the severity of the breach, but will undertake to inform Clients where possible. Upon such suspension or termination, such Clients:
16.2.1 Will not be eligible for reimbursement / compensation, unless at Megasurf’s discretion
16.2.2 May be further barred from signing up for any services with Megasurf in the future
16.2.3 May be reported to governing bodies, such as ISPA, for listing purposes
16.2.4 May be listed with applicable authorities and credit bureaus.
16.3 The period of suspension will be that which is reasonable under the particular circumstances that gave rise to the suspension.
- Limitation of Liability and Indemnity
17.1 MEGASURF WILL NOT BE LIABLE TO THE CLIENT OR ANY THIRD PARTY IN RESPECT OF ANY AND ALL DAMAGES, LOSS, CLAIMS OR COSTS, OF WHATEVER NATURE AND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, SUFFERED BY THE CLIENT OR THIRD PARTY, HOWSOEVER ARISING, AND MEGASURF WILL MOREOVER NOT BE LIABLE WHETHER THE LOSS WAS THE RESULT OF THE ACT OR OMISSION OF AN MEGASURF EMPLOYEE, VICARIOUS OR STRICT LIABILITY.
17.2 In the event that Megasurf is nonetheless held liable, the quantum of Megasurf’s liability will not exceed the monthly or pro-rata fees due for the Service that occasioned the loss, in the preceding three (3) months, regardless of whether the claim arises out of negligence on the part of Megasurf or any other cause.
17.3 USE OF THE SERVICES INDICATES THAT THE CLIENT INDEMNIFIES AND HOLDS HARMLESS MEGASURF IN RESPECT OF ANY DAMAGES, LOSS OR COSTS OR CLAIMS INSTITUTED AGAINST MEGASURF ARISING FROM ANY APPLICATION OR SUBSCRIPTION TO OR USE OF ANY SERVICE OR BREACH OF THE TERMS AND CONDITIONS APPLICABLE TO IT.
17.4 These limitations on liability and indemnities apply to the benefit of Megasurf and Megasurf’s Affiliates, directors, officers, employees, contractors, agents and other representatives, as well as any third parties whose networks are connected to the Megasurf System.
17.5 Nothing contained in this clause 18 will limit the Client’s liability in respect of charges incurred for ongoing Services.
17.6 If the Consumer Protection Act 68 of 2008 is applicable to this Agreement, and any provision of this clause 18 is found by a court or tribunal with jurisdiction over Megasurf to be unfair, unreasonable or unjust, then that provision (whether it be a word, phrase or sub-clause) will be severed, and the remainder of this clause 18 will have full force and effect.
17.7 In the case of ambiguity, this clause 18 will take precedence over any expression of the Parties’ intention, whether express or implied, that may be contained elsewhere in this Agreement.
18.1 All requests by the Client for the provisioning, modification or termination of Services, and for modification of contact and other personal information must be made in the manner indicated by Megasurf and Megasurf reserves the right to ignore any such request made in any other manner.
18.2 The Parties choose their addresses where they will accept service of any notices/documents for all purposes (apart from as described in clause 19.1) arising from this Agreement (domicilium citandi et executandi):
18.2.1 in the case of Megasurf,
147 Louis Trichardt Boulevard,
SE6, Vanderbijlpark 1911
18.2.2 in the case of the Client, the addresses set out in the most recent Service Order agreed between the Parties.
18.3 Either Party may vary it’s given postal address or other contact details by notifying the other Party in writing.
18.4 Any notice given in terms of this Agreement must be in writing and any notice given by any Party to another (“the addressee”) which:
18.4.1 is delivered by hand will be deemed to have been received by the addressee on the date of delivery; or
18.4.2 if sent by fax during Business Hours, upon production of a satisfactory transmission report by the fax machine which sent the fax and if outside such Business Hours then at the beginning of the next Business Day; or
18.4.3 is transmitted by email will be deemed to have been received upon confirmation of receipt (not automated receipt) thereof by the addressee; or
18.4.4 is posted by pre-paid registered post (or electronic registered post) from an address within the Republic of South Africa to the addressee at its chosen postal address will be deemed to have been received by the addressee on the 7th (seventh) day after the date of posting.
18.5Despite the above:
18.5.1 any notice that Megasurf sends by email to an email account hosted on the Megasurf System by the Client will be deemed to have been received by the Client on the date of transmission; and
18.5.2 if a written notice or communication is actually received by one of the Parties from the other, this will be adequate written notice or communication to that Party.
- Interpretation & General
19.1 Whole Agreement. This Agreement is the whole of the agreement between the parties, and no document or statement not mentioned above will form part of it. Only a written variation, waiver or cancellation agreed to by both parties will be of any effect.
19.2 Applicable Law & Jurisdiction. The law of the Republic of South Africa will apply to this Agreement, its interpretation and any matter or litigation relating to or arising from it, and the parties’ consent to the jurisdiction of the courts of Republic of South Africa in this regard.
19.3 Survival. For the avoidance of doubt, any provision of this Agreement that anticipates any right or duty extending beyond the termination or expiry of this Agreement will survive the termination or expiry of this Agreement and continue in full force and effect.
19.4 No Indulgence. If one party chooses not to enforce any part of this Agreement, that does not mean that the party cannot enforce that part at a later time. If any part of the Agreement is found to be unenforceable, the rest will still be enforceable.
19.5 Representatives. The signatories hereto acting in representative capacities warrant that they are authorised to act in such capacities and accept personal liability under this Agreement should they prove not to be so authorised.
19.6 Reading Down. If a provision of this Agreement is reasonably capable of an interpretation which would make that provision valid and enforceable and an alternative interpretation that would make it void, illegal, invalid or otherwise unenforceable, then that provision shall be interpreted, so far as is possible, to be limited and read down to the extent necessary to make it valid and enforceable.
19.7 Severance. In the event that any part of this Agreement is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of this Agreement.
- IP Provisioning
20.1 Megasurf may provision IP addresses for use with your Internet Services.
20.2 You acknowledge and agree that you will not receive any proprietary or ownership rights in such designation, and that Megasurf may change your IP addresses at any time.
20.3 Whether IPv6, public or private IPv4, any IP addresses provisioned by Megasurf for use with your Internet Services is done at Megasurf’s sole discretion.
- Wireless standard Bronze,Diamond & Advance (Asymmetrical)
Wireless standard Bronze,Diamond & Advance Uncapped Internet is subject to a fair usage policy (F.U.P). The fair usage is calculated based on the speed of the line. Once you reach the fair usage limit your line speed will be reduced, additional data can’t be added but the product can be upgraded. When your F.U.P is reached, your account will be downgraded to 50%
F.U.P Monthly Usage
- Uncapped Wireless Internet Contention Ratio’s
Wireless Standard Bronze Uncapped has an 1:20 contention.
Wireless Standard Diamond Uncapped has an 1:10 contention.
Wireless Advance Uncapped has an 1:10 contention.
Wireless Uncapped 50% Standard & Advance has an 1:1 contention.
- Fibre to the home
All on net FTTH accounts are 1:1 contention ratio. All off net FTTH accounts are “ as is “ and “up to “ 10.1 contention ratio.
- Revision History
These terms were last updated June 2022.
Fibre terms and conditions.
Fibre Line Faults
Megasurf will be entitled to assume that the Fibre Line provisioned to a Client is in good working order until such time as the Client advises Megasurf Support of any problems or service breaks.
Any faults or service interruption should be reported to Megasurf as soon as possible.
Megasurf will attend to faults reported by the Client during office hours and will apply its reasonable endeavours to have the Fibre service restored in the shortest possible time.
If Megasurf determines that the fault reported by the client was caused by the client, the client shall be liable for payment of a call-out charge as determined by Megasurf.
Terms and Conditions
The provision of Megasurf’s Fibre Services are subject to Megasur’f General Terms and Conditions as well as these Fibre Terms and also Megasurf’s Acceptable Use Policy (AUP), all of which are available on the Megasurf Website as well as from the Megasurf offices in hard copy or via electronic medium.
The availability of Fibre Services to a client’s address are subject to valid and operational fibre service in the area. Once an application form is received, Megasurf will advise the client if Fibre service can be provided.
Under no circumstances will Megasurf give any service credit to a client for any reason whatsoever.
in the manner prescribed by Megasurf from time to time.
It is the client’s duty to ensure that the cancellation notice comes under the attention of Megasurf and that it is actioned.
Amendments to these terms and conditions will only be made as set out in the General Terms.
Monitoring of Usage
Megasurf monitors its systems for performance and accounting purposes. The information gained thereby and by any other means may be used to ensure compliance with the Service Terms and our Acceptable Use Policy. Please make sure that you read and understand the Acceptable Use Policy.
Transfer of Data
Transfer of data will be strictly upon request and strictly at the sole discretion of Megasurf.
Megasurf no longer offers a notification facility for all Capped Data products as no capped data products are available.
Identity Verification Requirements (RICA)
Use of the Services is subject to ID verification and / or proof of address, required by RICA (the Regulation of Interception of Communication Act of 2009). Clients are required to email, fax or upload the relevant documents;
a full coloured, clear, legible copy of their valid Identity Document or Driver’s License.
Non-South African citizens may submit a copy of their valid Passport or International Driver’s License.
Verification documents must contain photo identification.
Failure to produce ID verification for an account will result in the product not being activated, regardless of any pro-rata amounts billed.
Should the Client cancel all current valid Megasurf Services, ID verification will be required to sign up for new Services. ID verification will not be requested as long as verified Megasurf Services remain active.
Disclaimer and Limitation of Liability
Megasurf 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 Fibre service.
Application for, use of, and subscription to this service is at the sole risk of the client or applicant.
Uncapped Fibre data is not throttled or shaped. However, there may be circumstances beyond the control of Megasurf that may vary performance, based on demand, service breakdowns or technical outages. During this time, some services may be affected and not perform optimally. Megasurf will endeavour to improve or optimise services as much as possible during such periods as part of it’s duty to deliver the best product experience. This will not constitute shaping or throttling.
All hardware provided by Megasurf will remain property of Megasurf into perpetuity unless specifically agreed to otherwise.
Should a user cancel their service, they will be required to return the fibre modem of to Megasurf.
Wi-Fi routers provided by Megasurf will remain the property of users upon cancellation (subject to any outstanding fees). Wi-Fi routers can be re-used when switching providers and as such do not need to be returned to us.
ACCEPTABLE USE POLICY (AUP)
Megasurf’s AUP is a policy which sets out the rules applicable to the use of Megasurf’s services. Save for certain legal requirements, we also need to ensure that our network and clients are kept safe and secure.
You agree that you will only use our services in a manner consistent with this AUP and that your failure to do so may result in us suspending or discontinuing any services we provide to you. By using any of Megasurf’s services, the client agrees to comply with this AUP and to remain responsible for its users, where applicable.
Megasurf reserves the right to change or modify the terms of the AUP at any time, by posting an updated version on its Website at http://www.megasurf.co.za and any use of our services after posting of an updated, will be constituted as an acceptance of such changes or additions.
Megasurf prohibits use of the IP Services in any way that is:
- i) unlawful, has the intent to commit criminal acts, is harmful to or interferes with use of Megasurf’s network or systems, or the network of any other provider;
- ii) interferes with the use or enjoyment of services received by others;
iii) infringes Intellectual Property Rights;
- iv) results in the publication of threatening or offensive material or content which may be harmful, obscene, discriminatory, defamatory, constitutes hate speech; or
- v) constitutes abuse, a security risk or a violation of privacy.
Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, applications, or other services that are accessed via a link from an Megasurf branded website or from a website that contains Megasurf-branded content is also a violation of this AUP.
IP Services shall not be used in connection with any criminal, civil or administrative violation of any applicable law.
Violation of Intellectual Property Rights:
IP Service(s) shall not be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the Intellectual Property Rights or privacy or publicity rights of Megasurf or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other Intellectual Property Right now known or later recognized by statute, judicial decision or regulation.
Threatening Material or Content:
IP Services shall not be used to host, post, transmit, or re-transmit any content or material that harasses, or threatens the health or safety of others. In addition, for those IP Services that utilize Megasurf provided web or content hosting, Megasurf reserves the right to decline to provide such services if the content is determined by Megasurf to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others.
Inappropriate Interaction with Minors:
IP Services used for the purpose of committing an offence against a child or in way that would constitute or promote unlawful interaction with children is prohibited.
Child Pornography: IP Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography. Megasurf will report any discovered violation of this prohibition to the South African Police Services and take steps to remove child pornography (or otherwise block access to the content determined to contain child pornography) from its servers.
Spam/E-mail abuse is prohibited using IP Services.
Megasurf has no obligation to monitor content of any materials distributed or accessed using the IP Services. However, Megasurf may monitor content of any such materials as necessary to comply with applicable laws, regulations or other governmental or judicial requests; or to protect Megasurf’s network and its clients.
These terms were last updated June 2022