NOTICE OF CERTAIN TERMS AND CONDITIONS

THIS AGREEMENT CONTAINS PROVISIONS, WHICH ARE RECORDED IN A SIMILAR FONT TO THIS CLAUSE, AND WHICH PROVISIONS MAY HAVE THE EFFECT OF (I) LIMITING VODACOM’S LIABILITY OR RISK OR THAT OF A THIRD PARTY AND/OR (II) PLACING RISK OR LIABILITY ON THE CUSTOMER AND/OR (III) OBLIGING THE CUSTOMER TO INDEMNIFY VODACOM OR A THIRD PARTY AND/OR (IV) CONSTITUTING A POSITIVE ACKNOWLEDGEMENT BY THE CUSTOMER OF ANY FACT.

BY MAKING USE OF THE SERVICE(S) AND / OR PRODUCTS, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

1. General
   • Vodacom Prepaid Fibre Terms and Conditions detailed herein are subject to change from time to time.
   • Where there is any conflict within the Vodacom Prepaid Fibre General Terms and Conditions, the Vodacom Fibre General Terms and Conditions shall prevail.
2. Provision of Services
   • A Vodacom Prepaid Fibre service can be purchased through Business Partners, Vodacom website [co.za/fibre], Vodacom Prepaid Fibre Portal [vodacom.co.za/fibre/prepaid], Call Centre or at any Vodacom store.
   • In delivering the Vodacom Prepaid Fibre Services, Vodacom collaborates with third-party Electronic Communications Network Licensees (“Network Providers”) who own and operate the fibre infrastructure through which these services are made available. These Network Providers are independent entities authorised under applicable law to provide electronic communications networks. A list of the current Network Providers engaged by Vodacom for the provision of Vodacom Prepaid Fibre Services shall be made available to any Subscriber upon reasonable written request to Vodacom. Vodacom shall not be liable for any acts or omissions of such Network Providers, in particular any loss suffered by a customer related to the infrastructure of any Network
   • The Vodacom Prepaid Fibre service is only available in selected areas and subject to the Vodacom verifying the coverage details when an order is placed on the Vodacom Prepaid Fibre Portal.
   • Depending on your coverage, the Vodacom Prepaid Fibre service isavailableas a 30-day plan or Monthly Recurring Plan.
   • A customer will be permitted to purchase multiple vouchers at any point in time. However, on the 30-Day Access service, a customer will be only permitted to purchase a maximum of 6 (six) at any point in time.
   • Vodacom does not warrant the accuracy of the fibre coverage at a specific location therefore the provision of services will be subject to Vodacom verifying the coverage details when an order is placed with Vodacom.
   • The Vodacom Prepaid Fibre uncapped plans are available either on asymmetrical or symmetrical bandwidths based on coverage at a specific location
3. Payment
   • The Vodacom Prepaid Fibre service will be activated once a full payment has been received by Vodacom.
   • For first time purchases, the services will only be activated once the customer’s WIFI enabled Optical Network Terminal (ONT) has been successfully installed by the relevant Network Provider.
   • Once a customer has purchased a service and they are activated and become available, the activation period shall operate for the entire duration for which either of the services are contemplated to be available, and the customer shall not be entitled to request either Vodacom or the relevant Network Provider to temporarily suspend either of the activation periods for the services.
   • The customer will pay for the Vodacom Prepaid Fibre plan upfront.
   • The Customer may make payments using the methods made available by Vodacom, subject to the applicable product plan and payment rules. Accepted payment methods include debit or credit card transactions, online payments via Vodapay, or through approved third-party payment gateways such as Payfast or EasyPay, as specified by Vodacom from time to time.
   • A customer that purchases the Monthly Recurring Plan is required to select a debit order date, access for this service shall be calculable from this debit order date.
   • The customer will pay in full for the first access of the service. If the service was activated mid-month, the second payment will be prorated for that month. Starting from the 3rd month, the customer will continue to pay in full.
4. Installation and Customer Equipment
   • Vodacom will instruct the relevant Network Provider to provide a Wi-Fi enabled Optical Network Terminal (“ONT”) device which shall be installed at the customer’s premises.
   • The Wi-Fi enabled ONT device shall remain the property of the relevant Network Provider.
   • The customer may not remove the Wi-Fi enabled ONT device from the current location before and after the expiry of the Vodacom Prepaid Fibre service.
   • Should the customer fail to bring any issues with the installation of Vodacom Prepaid Fibre to Vodacom’s attention within 7 (seven) business days from of installation, the Vodacom Prepaid Fibre shall be deemed to be accepted upon expiry of the aforementioned 7 (seven) day period and Vodacom shall be entitled to start billing the customer for the Vodacom Prepaid Fibre concerned as from the installation date.
   • After the termination of the service, the Network Providers reserves the right to collect the Wi-Fi enabled ONT device from customer, Vodacom is not liable for the collection of the Wi-Fi enabled ONT device.
   • The Wi-Fi enabled ONT device can connect a certain amount of Wi-Fi enabled devices simultaneously at any given time , based on the Network Provider (“Maximum Wi-Fi Devices limited to 10 devices”). A list of the Maximum Wi-Fi Devices is accessible from the following link.
   • Vodacom may introduce a fee to the customer for a technician being dispatched unnecessarily to their premises, resulting in wasted costs. This may include but shall not be limited to visits where the technician meets at an agreed time but cannot gain access to the premises.
   • In the event that the customer been disconnected and/or inactive on the Vodacom Prepaid for a period of at least 90 (ninety) consecutive days, a reconnection fee may be payable by the customer.
5. Fair Usage Policy, Throttling and Shaping
   • The Vodacom Prepaid Fibre services may be subjected to a Fair Usage Policy (FUP), Throttling or Shaping based on the relevant Network Provider.
   • Vodacom reserves the right to enforce and give effect to a FUP for purposes of managing and moderating the usage of the Network Providers electronic communications network, and to ensure that the functional integrity of the Network Providers electronic communications network renders acceptable levels of subscriber experience for all of our subscribers. The following specific conditions are applicable to the “Capped” Vodacom Prepaid Fibre Service and “Uncapped” Vodacom Prepaid Fibre Services:
   • Where a customer of the “Capped” Vodacom Prepaid Fibre Service reaches the prescribed maximum download capacity (measurable in GB) within the relevant bundle period, Vodacom reserves the right to stop providing the service for the remainder of the bundle period or Throttle the transmission line-speed up to 2 Mbps for the remainder of the calendar month;
   • Vodacom reserves the right to amend, vary and/or adjust the FUP from time to time for “Uncapped” Vodacom Prepaid Fibre Services, including the right to manage, protect and preserve the functional integrity and security of the Network Providers electronic communications network. Accordingly, Vodacom may take reasonable measures to optimize the efficacy and performance of the Vodacom Prepaid Fibre for all Vodacom Prepaid Fibre Services customers, including, where reasonably necessary, proactively control each customer’s bandwidth usage, transmission line-speed and overall functional experience of the Vodacom Prepaid Fibre Services.
   • Importantly, the FUP is also based on the relevant Network Provider. Should any Network Provider implement FUP, Vodacom shall notify you.
   • Vodacom reserves the right to unilaterally terminate the Vodacom Prepaid Fibre Services with a customer that persistently breaches the FUP. A subscriber shall be deemed to have persistently breached the FUP where such subscriber receives 4 or more breach notices.
   • “Throttling” or “Throttle” is the process of limiting the throughput of all services and protocols, the line itself is not affected. Throttling may apply only when a customer exceeds the FUP, and may be amended from time to time. Although Vodacom do reserve the right to throttle when fair usage has been exceeded, most Network Providers only do so at peak network traffic times.
   • “Shaping” is the process of implementing priority on certain types of usage or protocols. Vodacom though the relevant Network Provider may implement shaping to give priority to real-time interactive services, effectively slowing down the customers non-prioritized services. This does not relate to the customer’s monthly usage or thresholds, but rather network congestion and will be applied to all services equally.
6. Product Plans
   • Monthly Recurring Plan
     • For a customer with a Monthly Recurring Plan, if the debit order results in a payment failure, the service will be suspended from midnight of the day of failure.
     • From payment failure to midnight of the day, there will be two subsequent debit order actions to the customer’s account, if both fail, the service will be suspended for a period of 9 (nine) days.
     • If the payment is not received once the 9 (nine) days have concluded, the service will be terminated.
     • After the service is terminated, a customer will need to place a new order via the Vodacom prepaid fibre portal and full payment must be required before the new service is activated.

• Once-Off / 30-Day Access Plan
  • If a customer with a Once-Off plan fails to make another product plan purchase before expiry, the service will continue for the remainder of the applicable access plan until midnight.
  • Upon expiry, at midnight of the expiry day, the service is suspended, and the customer will be able to purchase a new access from the Vodacom prepaid fibre portal.
  • If another Once-Off Access plan has not been purchased within 90 (ninety) days, the service will be terminated.
  • After the service is terminated, a customer will need to place a new order via the Vodacom Prepaid Fibre portal and full payment of the applicable customer-selected access plan, will be required before the new service is activated.

7. Cancellations
   • Pre-Activation Cancellation
     • The customer shall not be entitled to a refund after successful activation and usage of the plan.
     • A customer who has purchased a Vodacom Prepaid Fibre service and is awaiting the installation of the Wi-Fi enabled ONT at their premises may, at their sole discretion, cancel their order for the activation of the Vodacom Prepaid Fibre service at any time prior to the installation of the Wi-Fi enabled ONT device.
     • Cancellations will be achieved through logging a request online on the Vodacom Prepaid Fibre Portal or by contacting the Vodacom Support team on 082 1904.
     • On approval of the cancellation, the order will be rendered cancelled, and any payment made by the customer will be refunded.

• Stop Recurring Payments: Mid-Service Cancellation
  • Cancellation of a Vodacom Prepaid Fibre service during the term of the service only applies to Monthly Recurring Plan.
  • Customers must inform Vodacom at least 1 month notice before the debit order date for any cancellation/termination request to enable Vodacom to complete processing the cancellation/termination prior to the next payment cycle.
  • The cancellation/termination may be initiated by the customer by request to Vodacom Fibre Business Support Team by logging a fault online on the Vodacom Prepaid Fibre Portal or by calling 082 1904.
  • Deactivation of a Monthly Recurring Plan will occur on midnight of the day immediately preceding the customer’s next recurring card payment.
  • Upon any cancellation, Vodacom shall be entitled to charge the customer such reasonable costs and expenses as have been actually incurred by Vodacom from the date of the relevant order concerned up to the date of receipt or deemed receipt of such notice of cancellation.

8. Support Channels
   • To log a compliment, fault or complaint with the Vodacom Prepaid Fibre service, this can be logged via the Vodacom Prepaid Fibre Portal and the Fibre Business Support Team will be notified regarding the issue and will contact the customer accordingly.
   • Call 082 1904 to contact Customer Care Department that can provide support to the customer on how to log compliments, faults or complaints on the Vodacom Prepaid Fibre Portal.
9. Sales Channels

The customer will be able to place an order online through the Vodacom Prepaid Fibre Portal and via a Vodacom Business and Retail Partners.

10. Unacceptable Use

10.1 A customer may only use the Vodacom Prepaid Fibre for lawful purposes and activities. Vodacom prohibits any use of Vodacom Prepaid Fibre including the transmission, storage and distribution of any material or content using Vodacom Prepaid Fibre that violates any law or regulation of the Republic of South Africa. This includes, but is not limited to:

10.1.1 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;

10.1.2 Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic of South Africa or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material;

10.1.3 Any violation of intellectual property laws, including materials protected by local and international copyright, trademarks and trade secrets;

10.1.4 Any violation of another's right to privacy, including any effort to collect personal data of third parties without their consent;

10.1.5 Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another customer without their consent; or any attempt to enter into a transaction with Vodacom on behalf of another customer without their consent;

10.1.6 Any violation of the exchange control laws of the Republic of South Africa;

10.1.7 Any activity that results in the sale, transmission or distribution of pirated or illegal material;

11. Threats to Network Security

11.1 Any activity which threatens the functioning, security and/or integrity of the Vodacom Prepaid Fiber or a Network Provider’s network is unacceptable. This includes, but is not limited to:

11.1.1 Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures;

11.1.2 Any effort to use Vodacom or a Network Providers equipment to circumvent the user authentication or security of any host, network or account ("cracking" or "hacking");

11.1.3 Forging of any TCP (Transmission Control Protocol)/IP (Internet Protocol) packet headers (spoofing) or any part of the headers of an email or a newsgroup posting;

11.1.4 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;

11.1.5 Any activity which threatens to disrupt the Vodacom Prepaid Fiber through "denial of service attacks"; flooding of a network or overloading a service or any unauthorised probes ("scanning" or "nuking") of others' networks;

11.1.6 Any activity which in any way threatens the security of the Vodacom Prepaid Fiber or a Network Provider’s network by knowingly posting, transmitting, linking to or otherwise distributing any information or software which contains a virus, trojan horse, worm, malware, botnet or other harmful, destructive or disruptive component;

11.1.7 Any unauthorised monitoring of data or traffic on the network without Vodacom’s explicit, written consent;

11.1.8 Running services and applications with known vulnerabilities and weaknesses, e.g. insufficient anti-automation attacks, any traffic amplification attacks, including recursive DNS attacks, SMTP relay attacks; and

11.1.9 Failing to respond adequately to a denial of service attack (DOS / DDOS).

11.2 Upon the breach of this clause 11 by the Client and/or its End-users, Openserve may, in its sole and reasonably exercised discretion take any of the following steps

12. Action following breach

12.1 Upon the breach of paragraph 10 and 11 by a customer, Vodacom may, in its sole and discretion take any of the following steps:

12.1.1 Warn the customer, provide information and proof of the incident(s), suspend the customer’s account and/or revoke or terminate the customer’s service completely;

12.1.2 Institute civil or criminal proceedings; and

12.1.3 Share information concerning the incident with other internet access providers, or publish the information, and/or make available the relevant customer’s details to law enforcement agencies.

12.2 This paragraph applies to and will be enforced for intended and unintended (e.g., viruses, worms, malicious code, or otherwise unknown causes) prohibited usage.